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

On July 19, 2019, the Defendant was sentenced to a fine of KRW 3 million for the violation of the Road Traffic Act (driving) at the port of the Daegu District Court.

On December 22:55, 2019, the Defendant driven a FIsta car with a blood alcohol concentration of 0.096% under the influence of alcohol without obtaining a driver’s license from the front of the restaurant located in the Southern-gu Seoul Metropolitan Government B to the front of the road located in the same Gu D, and without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of suspected victims of violation of the Road Traffic Act (license for drinking and without a license), notification of the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses for motor vehicles;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant statutory driving for a crime: Article 148-2 (1) or 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. In addition to the blood alcohol concentration of the reason for sentencing under Article 62-2 of the Criminal Act, the defendant was sentenced to a fine in 2010 for the crime of violation of the Road Traffic Act (unlicensed Driving). This is the second drinking driving at the same time, and the first drinking driving at the same time is short of the time interval between the time of punishment for the second drinking driving and the driving without the license of this case.