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

On July 7, 2014, the Defendant was sentenced to a fine of KRW 5 million by the Changwon District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on March 20, 2015, respectively.

Nevertheless, at around 20:30 on August 8, 2020, the Defendant, without a driver’s license, driven a E-Poter vehicle at a section of about 100 meters from the front and front of the Kimhae-si B B lending to the front road of the “D” located in C, while under the influence of alcohol by 0.140% of alcohol level without a driver’s license.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and conducted a drunk driving at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, the statement of the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry inquiry reports and application of Acts and subordinate statutes of three copies of summary orders;

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 on the suspension of execution (it shall be taken into consideration the reflective points, criminal records, driving circumstances, etc. of the defendant);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;