A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On January 22, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court.

Nevertheless, at around 02:54 on December 31, 2019, the Defendant driven a C-hurged vehicle under the influence of alcohol level of at least 0.150% without obtaining a driver’s license in the section of approximately 3.1km from the front of the Sinpo City B to the front of the 508 Youngamam-gun Green Station 508, Youngnam-gun, Seoul.

As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice, and simultaneously drive without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Arrest report of suspect, ledger of drinking meters and use register, report on the circumstantial statements of drinking drivers, notification of the results of the control of drinking driving, field and dactology photographs, vehicle driving license register, and disposition for cancellation of driver's license; and

1. Two copies of the summary order, and the application of Acts and subordinate statutes on the inquiry into criminal records, etc.;

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 provides that the nature of the crime is not weak in that the person has been subject to punishment for drinking and driving without a license even if he/she once is subject to punishment for the reason of sentencing under Article 62(1) of the Criminal Act, but is not subject to punishment for so far, taking into account the fact that the person has been subject to punishment heavier than the fine so far, the circumstances leading to driving under the influence of alcohol, and all other circumstances, including the age, character, and environment of the defendant