A defendant shall be punished by imprisonment for a term of one year and three months.

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 31, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, from the Suwon District Court on January 8, 2010 to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, from the Suwon District Court on August 13, 2010 to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and from the Suwon District Court on July 21, 2017 to a fine of KRW 5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 30, 2019, at around 05:20, the Defendant driven a D QM6 car without obtaining a driver’s license in the section of approximately 4.5 km from Suwon-si B to the adjacent road of the same Gu C, Suwon-si, Suwon-si, to the same Gu C, while under the influence of alcohol 0.112%.

As a result, even though the Defendant violated the Road Traffic Act's prohibition on drunk driving more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the above prohibition on drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A) and Acts and subordinate statutes to investigation reports (applicable to the third class relationship);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019); 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;

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is with the record of being punished four times due to drunk driving, and the Defendant, whose driver’s license was revoked on August 3, 2017 due to drunk driving, is not less and less than the quality of the crime, and the blood alcohol concentration due to drinking in this case.