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 of the final judgment.

Punishment of the crime

[Criminal Power] On December 26, 2018, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million as a crime of violation of the Road Traffic Act in the Seocho District Court’s territorial branch.

【Criminal Facts】

On July 31, 2019, around 22:25, the Defendant driven a C Mac-cr cruise car under the influence of alcohol concentration of 0.098% without a car driver’s license at the 4km section below the road from the Jinsung-gun, Gowon-gun, Gowon-si, Gowon-si.

Accordingly, the Defendant, while driving a motor vehicle more than twice, was driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes governing 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;

1. The punishment as ordered shall be determined by taking into account all the circumstances following the sentencing reasons under Article 62-2 of the Criminal Act, the circumstances leading to the instant crime, and the Defendant’s blood alcohol concentration level at the time of the instant case.

The defendant's mistake is recognized as a favorable circumstance.

D. Unfavorable circumstances: The Defendant again committed the same kind of crime even though he was punished by a fine for the crime of drunk driving at least seven months prior to the date of occurrence of the instant crime.

The crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.