A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 16, 2017, the Defendant was issued a summary order of KRW 5 million by the Daejeon District Court due to a violation of the Road Traffic Act.

On July 14, 2020, at around 00:59, the Defendant driven a C Ecoo vehicle from the front side of Gwangjin-gu, Seoul to the Sung-nam Franchisdong, while under the influence of alcohol by 0.138% without a driver’s license.

Accordingly, the defendant, who violated the prohibition on drinking under the Road Traffic Act more than twice, was driving without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the personnel driving of a driving driver, report on the status of a driving driver, report on the status of a driving driver, inquiry into the results of the crackdown on drinking driving, and investigation report on the register of driver's licenses (report on the circumstances of

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) a dangerous offender who is likely to not only his/her own life and family, but also may cause an unforeseen behavior by raising the possibility of traffic accidents; (b) a defendant was punished for drunk driving in 2017; (c) a defendant again commits the instant crime of drinking alcohol driving since it has not been long thereafter; (d) a defendant was under the influence of alcohol driving; (e) the distance of his/her drinking driving is considerable; and (e) the defendant has no record of punishment other than a fine imposed twice due to drinking driving; and (e) the defendant’s family relationship and the circumstances after the crime.