A defendant shall be punished by imprisonment for six months.

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 January 18, 2007, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Dong Branch, and on March 3, 2014, the same court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.

Although the Defendant violated the provision on the prohibition of driving under the influence of alcohol twice or more, on May 27, 2019, the Defendant driven a DNA car with a blood alcohol level of 0.140% under the influence of alcohol level of 0.140% without obtaining a driver’s license from the first floor parking lot located at the entrance of the apartment building B of Busan-gun, Busan-gun, to the front side of the said apartment C-dong parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Registers, etc. of driver's licenses;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Application of three copies of a statement of criminal history records, and a copy of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had the record of being punished twice for drunk driving as stated in the judgment of the court below, and even if he had the record of being punished once for driving without a license, the drinking and driving without a license in this case is relatively high, and the blood alcohol concentration level is relatively high, and the criminal liability of the defendant is not easy in light of the occurrence of a heavy accident due to a drunk driving.

Provided, That the punishment as described in the text shall be determined by comprehensively taking into account the fact that the accused is against and the distance of drinking driving is shorter, etc.