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.

Criminal facts

Some of the facts charged were corrected.

On May 23, 2015, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Sungnam Branch of Suwon District Court on May 23, 2015, and a fine of KRW 4 million for the same crime from the Jung District Court on March 9, 2018.

Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on November 24, 2018, the Defendant driven Cwing-III trucks at a section of about 3 km to the front road in front of the place in front of the Yanpo-Eup, Gwangju, under the influence of alcohol by 0.11% without obtaining a driver’s license on November 24, 2018, while under the influence of alcohol by 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver (nine pages of investigation records), inquiry into the results of the crackdown on drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. and investigation reports (same-class criminal records, and 31 pages of investigation records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend a lecture are as follows: (a) the Defendant was under a summary order of KRW 3 million in 2015, and a fine of KRW 4 million in around 2018; (b) on November 24, 2018, the Defendant driving one ton of cargo with relatively high risk under the influence of alcohol without a driver’s license, even though he/she was subject to a second order of KRW 3 million in 2015; and (c) on November 23, 2018.

The defendant is driving a cargo vehicle under the influence of alcohol level of more than 0.1%, both of the two driving records of the previous 2 drinking line that the defendant committed.

This is considered as a major situation, but the defendant shows the attitude of recognizing and opposing the error, and the defendant has the same kind of crime.