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.

Punishment of the crime

On March 7, 2011, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's branch court, and on May 23, 2012, the Defendant received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court, and on April 9, 2018, issued a summary order of KRW 8 million as a fine for a violation of the Road Traffic Act (driving).

On January 21, 2019, at around 02:35, the Defendant driven a DM3 vehicle under the influence of alcohol content of 0.202% without obtaining a driver’s license from around 3km section of the Manduk-dong located in the Dong-dong of Busan to the front road of the Manduk-dong of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking-driving, the circumstantial statement of the drinking-driving driver, and investigation report (report on the circumstances of the drinking-driving driver);

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined as ordered by taking into account the following circumstances:

Disadvantageous circumstances: The defendant was driving in the state of chronic alcohol (0.202% of blood alcohol concentration) and caused a significant risk to the life and safety of others.

It has been punished three times for the same crime, and even though one year has not passed since the last punishment, the crime of this case has been committed.

The criminal liability is more heavy in that it is a drinking driving without a license.

A favorable circumstance: The Defendant shall commit the instant crime.