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 August 27, 2018, the Defendant was notified of a summary order of a fine of KRW 5 million for the crime of violating the Road Traffic Act in the Seogu District Court's branch court.

On July 28, 2019, at around 22:54, the Defendant driven a motor vehicle under the influence of alcohol of about 0.112% of blood alcohol concentration without obtaining a driver’s license from the section of approximately 300 meters in front of the D Building to the front road of the D cafeteria located in Daegu-si, Singu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, references to criminal records, prosecution investigation reports (a copy of summary order of the same kind of case) 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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

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

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

1. Despite the history of sentencing under Article 62-2 of the Probation Criminal Act, in light of the social request that eradicates the harmful effects of drunk driving, the current Road Traffic Act, which has been greatly strengthened by the standard of regulating and statutory punishment, has been enforced, and then re-influencing a small-scale food store with a fluencer, and the degree of blood alcohol concentration exceeds the criteria for revocation of license, etc., the crime liability is not less somewhat and the risk of re-offending is likely to be dangerous, so the imprisonment is selected for severe warning: Provided, That the fact that there is no history of punishment of imprisonment without prison labor or heavier, the fact that the number of blood alcohol concentration exceeds the criteria for revocation of license, and the fact that it is not re-influcing a small-scale food store with a fluctor.