A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

In the Daegu District Court on June 22, 2018, the Defendant has been punished twice as a crime of violation of the Road Traffic Act (driving) by receiving a summary order of KRW 3 million from a fine of KRW 3 million due to a crime of violation of the Road Traffic Act (driving) and a summary order of KRW 3 million on April 24, 2017.

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than twice, at around 10:20 on April 9, 2019, the Defendant driven Cone Star Cornex without obtaining a driver’s license under the influence of alcohol level of about 0.055% at the front of the road at approximately 3km in front of the mid-gu Seo-gu Seo-gu Do, Daegu-gu, Seoul-gu, without obtaining a driver’s license, from around 10:20 on April 9, 2019.

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 and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect's same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

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. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the risk of re-offending is likely to occur in that a person is engaged in drunk driving three times for the last two years, taking into account the circumstances such as the defendant's age and occupation, etc.