Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In the Daegu District Court Kimcheon Branch, the Defendant received a summary order of a fine of one million won on December 3, 2009, and the summary order of a fine of four million won on April 17, 2012.

Although the Defendant had violated the provision prohibiting driving of alcohol under the Road Traffic Act more than once, on December 12, 2019, the Defendant driven EM7 automobiles under the influence of alcohol 0.169% while under the influence of alcohol without obtaining a driver’s license in the section of about 5km from the Do referred to as “C,” the front point of the “C,” located in Guro-si, Sim-si, Seoul, about 04:57 on December 12, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Photographs, such as vehicle register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, prosecutorial investigation report, and Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act dealing with common concurrences (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although there was a history of punishment for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, in full view of the regulatory standards and the fact that the level of punishment significantly strengthened after the enforcement of the Road Traffic Act, including the fact that the blood alcohol level exceeds the license cancellation standards, and that the degree of alcohol level exceeds the license cancellation standards, the person who is in need of strict warning should be sentenced to imprisonment by taking into account the fact that there was no history of punishment heavier than imprisonment without prison labor, the execution of the punishment is suspended after reducing the amount of punishment, and the defendant's age, and the risk of re-offending is strict.