A defendant shall be punished by imprisonment for one year.

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 September 12, 2019, the Defendant violated the prohibition of drunk driving on or around September 12, 2019, and received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on October 31, 2019.

[2019 Highest 1176] The Defendant was under the influence of driving license from October 17, 2019 to February 3, 2020. However, around 19:50 on October 20, 2019, the Defendant driven a DNA motor vehicle under the influence of alcohol content of about 0.118% in the section of approximately 210 meters from the Do in front of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front road of the Chungcheongnam-si, Chungcheongnam-si.

As a result, the defendant has violated the prohibition of drunk driving more than twice, and at the same time, has driven a motor vehicle while the driver's license is suspended.

[2020 Godan694] On April 8, 2020, the Defendant driven a DNA motor vehicle under the influence of alcohol level of 0.045% without obtaining a driver's license from a section of approximately 500 meters from the front of the E Station located in Bupyeong-gu Incheon Metropolitan City to the front of the "G" located in Bupyeong-gu, Incheon, Bupyeong-gu.

As a result, the defendant, without obtaining a driver's license, was subject to criminal punishment for drunk driving, was driving again.

Summary of Evidence

[2019 Highest 1176]

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and notice of decision to suspend the driver's license;

1. Defendant's legal statement;

1. Registers of driver's licenses, reports on the circumstances of driver's licenses, and notification of the results of the control of drinking driving (previous record on the market);

1. Application of Acts and subordinate statutes to a report on criminal records, etc., the previous records, and results of verification;

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

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. Order to attend a lecture and order to attend a lecture;