A defendant shall be punished by imprisonment for not less than one year and six 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

On June 30, 2008, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on July 14, 2008, KRW 700,000 as a fine for the same crime at the same court on July 14, 2008, KRW 3 million as a fine at the Busan District Court on February 10, 2010, and KRW 5 million as a fine at the Changwon District Court on March 6, 2018.

On December 8, 2019, at around 21:20, the Defendant driven a Fpoter truck under the influence of alcohol concentration of about 0.190% without a driver’s license, from around 3km to the front road of E located in D, from the rest area of C in the South-west Sea Zone B.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report, on-site inspection report, and on-site photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act, choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation, community service order, or order to attend a lecture: They are driving under the significantly high blood alcohol concentration even though they were punished several times due to the reasons of sentencing under Article 62-2 of the Criminal Act;

The accident caused water-related accidents.

However, crimes are recognized.

Other factors such as driving distance shall be taken into account.