A defendant shall be punished by imprisonment for one year.

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

[2019 Highest 719]

1. On March 28, 2016, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million at the Cheongju District Court on the grounds of a violation of the Road Traffic Act, etc., and on August 10, 2016, the same court issued a summary order of KRW 5 million with the same court due to a violation of the Road Traffic Act.

2. Around 08:30 on January 28, 2019, the Defendant driven a drash car while under the influence of alcohol content of 0.097% from the Do in the front of C, approximately 600 meters away from the Do in the vicinity B, Chungcheongnam-gun, Chungcheongnam-gun.

[2019 Highest 1062]

1. On May 10, 2019, around 18:33, the Defendant driven a rash car without a car driver’s license with approximately 10 km section from the front of the petition site E, from the front of the F to the front of the Gu, and from the front of the H.

2. On May 17, 2019, at around 08:28, the Defendant driven a Drash car without a vehicle driver’s license with approximately 15 km section from the front of the residence to the front of the Cheongju-si, located in the Cheongju-si, and the front of the F.

Summary of Evidence

[2019 Highest 719]

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc., investigation reports (verification of the same type of power);

1. Defendant's legal statement;

1. 12 reported case handling table, respectively;

1. Voluntary report, and report on the arrest of a case;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 subparagraph 1 and 43 of the Road Traffic Act; Articles 152 subparagraph 1 and 43 of the same Act; and choice of imprisonment for each sentence of imprisonment

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act, heavier than the punishment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of Probation and Social Service Order is recognized, and the person is against the wrongness.