Defendant shall be punished by imprisonment for a term of one year and two months.

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 19, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on July 19, 2007, by the Jung-gu District Court on June 1, 2016, and a fine of KRW 5 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a 34.5 tons truck without a driver’s license in the state of under the influence of alcohol 0.143% from the 15km section from June 19, 2019 to the front road of Seongdong-gu Seoul, Seongdong-gu, Seoul, at around 08:23, on June 19, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Registers of driver's licenses;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: One to three years of imprisonment;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant was punished as a crime of violating the Road Traffic Act (driving) around 2002, around 2007, and around 2016, and even though he had been punished as a crime of violating the Road Traffic Act (Free License) around 2008, the Defendant again committed the instant crime.

At the time, blood alcohol concentration reaches 0.143%.

This defendant's blood alcohol concentration, driving distance, distance from previous punishment power, and distance from this.