Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 13, 2010, the Defendant was notified of a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on October 13, 2010, and on November 10, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on October 201.

Although the Defendant had a history of violating the provision prohibiting a drunk driving under the Road Traffic Act, at around 00:40 on December 29, 2019, the Defendant driven BM7 car without obtaining a driver’s license under the influence of alcohol level of about 0.119% in the 7km section from the national highways located in the 64 U.S. Sinsi-si, in the case of the addition of Lidong from the mutual infinite Dindo in the Gunsi-si, Sinsi-si, the Defendant was driving BM7 car without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to prosecution investigation reports;

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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

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

1. Although the records of punishment for the reason of sentencing and education under Article 62-2 of the Criminal Act are three times (one suspended sentence), considering the fact that the current Road Traffic Act, which greatly strengthened the regulatory standards and statutory punishment, came into effect upon the social request to eradicate the harm caused by drinking and unlicensed driving, causing traffic accidents, and the blood alcohol concentration level exceeds the revocation standards, the criminal liability cannot be deemed to be somewhat less, and in light of the driving habits and personality and behavior, the risk of repeating a crime is very rough and highly likely, and thus, a sentence of imprisonment shall be chosen: Provided, That in depth, the same shall not apply.