A defendant shall be punished by imprisonment for six 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 April 13, 2015, the Defendant received a summary order of one million won as a crime of violation of the Road Traffic Act from the Busan District Court on April 13, 2015, and the same court on July 18, 2017, received a summary order of five million won as a crime of violation of the Road Traffic Act.

피고인은 2019. 5. 6. 06:10경 부산 수영구 B에 있는 C식당 앞 도로에서부터 같은 구 D에 있는 E회사 앞 도로에 이르기까지 약 5km 구간에서 자동차운전면허를 받지 아니하고 혈중알코올농도 0.178%의 술에 취한 상태로 F 포르테쿱 승용차를 운전하였다.

As a result, the Defendant, who has violated the prohibition on drunk driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition on drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Records of judgment: Application of criminal history records, inquiry reports, and investigation reports (report on the confirmation of criminal records of the same kind) statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (wholly 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;

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. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act are as follows: (a) Defendant confessions the instant crime and repents the instant crime; (b) Defendant has the record of drinking driving twice but there is no criminal penalty record exceeding the fine; (c) Defendant’s blood alcohol concentration and alcohol level; (d) drinking and unlicensed driving distance at the time; and (e) Defendant’s age, character and behavior, environment, motive, means and consequence of the relevant crime.