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 July 21, 2004, the Defendant issued a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act, etc., on January 25, 2013, a summary order of KRW 250,000 for a fine of KRW 2 million for a violation of the Road Traffic Act, and on April 25, 2018, a summary order of KRW 4,50,000 for a fine of KRW 4,50,000 for a violation of the Road Traffic Act was issued in the Yeongdeungpo-gu District Court’s Yeongdeungpo-gu Branch Support.

At around 10:20 on July 31, 2020, the Defendant driven a DNA strawing car under the influence of alcohol concentration of 0.136% without obtaining a driver’s license from the front of the Defendant’s dwelling in Yong-gun B to the front of the road.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the results of driving under influence of alcohol, report on the driving under influence of alcohol, report on the situation of drivers, report on the situation of driving under influence of alcohol, register of driver's licenses for automobiles, and photographs of each vehicle loaded on board;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (verification of criminal records of the same kind of suspect);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, as follows: Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime are committed.