A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On October 21, 2008, the Defendant issued a summary order of KRW 2.5 million at the Daejeon District Court on the grounds of a violation of the Road Traffic Act, etc. On November 30, 201, the Defendant issued a summary order of KRW 2 million at the Daejeon District Court on the grounds of a violation of the Road Traffic Act (driving). On April 30, 201, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on the grounds of a violation of the Road Traffic Act, and on February 16, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months.

【Criminal Facts】

On October 27, 2018, the Defendant, while driving at least twice as above, was driving a motor vehicle with blood alcohol concentration of 0.087%, without obtaining a driver’s license under the influence of alcohol level of 0.087%, in approximately 400 meters from the roads in Seo-gu, Daejeon to the roads following Daejeon, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The ledger of driver's licenses;

1. Report on the occurrence of the case;

1. Previous convictions indicated in judgment: References to criminal records and investigation reports (reports on confirmation of criminal records of the same kind of suspect) shall apply to statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend the course of education is that although the defendant had been punished for the violation of the Road Traffic Act due to drinking driving on four occasions including probation, it is not good that the defendant again commits the crime in this case, it is not good that the defendant would not repeat the crime, but it is true that the amount of drinking alcohol in this case is not high or that it does not amount to a traffic accident.