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

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

Punishment of the crime

The defendant has been notified of a summary order of a fine of KRW 3 million on September 11, 2015 and a fine of KRW 4 million on December 11, 2017 at the Daegu District Court for the violation of the Road Traffic Act.

Although the Defendant had been able to violate the provision prohibiting driving under the Road Traffic Act more than once, on November 05, 2019, at around 1:38, 2019, the Defendant driven D Launa car under the influence of alcohol with a blood alcohol level of about 0.164% without obtaining a driver’s license in the section of about 5km from the Do in front of the Do in the front of the Do in the Do in the direction of the Do in the vicinity of C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (power to punish sound driving);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the history of punishment for driving under the influence of alcohol for the reason of sentencing in Article 62-2 of the Criminal Act is three times (including a suspended sentence once) the punishment is to be imposed, the punishment is to be chosen by taking into account the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, seems to have been applied only after the enforcement of the current Road Traffic Act, and that the crackdown is too much stronger, and that the degree of blood alcohol concentration exceeds the criteria for the revocation of the license, etc.; thus, the punishment is to be imposed upon the need for strict warning: Provided, That the punishment is to be suspended after the voluntary mitigation of the vehicle after taking into account the fact that the vehicle has been voluntarily scrapped and immediately after the enforcement of the punishment is conducted, the defendant's age and occupation, etc., and to prevent recidivism.