A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 17, 2011, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Busan District Court on August 17, 201, and a summary order of KRW 5 million by the same court on July 26, 2018, respectively.

On July 21, 2019, the Defendant had been punished for drunk driving as above, but around 02:10 on July 21, 2019, the Defendant driven a DNA-free car without a driver’s license, under the influence of alcohol leveling 0.192% from around 150 meters to the 3rd underground parking lot of the apartment C-dong, Busan, Busan, to the same apartment C-dong, and without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 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. We consider that the reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant, who was punished for drunk driving in 2018, once again drunk driving, and that the blood alcohol concentration level in the instant case is very high.

However, since 200, considering the fact that there is a previous conviction of a fine due to drinking driving, the family environment of the defendant is considered, and the sentencing conditions are considered, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.