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 October 21, 2010, the Defendant received a summary order of KRW 2 million from the Jung-gu District Court to a fine of KRW 2 million, a summary order of KRW 6 million from the Jung-gu District Court to a crime of violating the Road Traffic Act on September 21, 2012, and a summary order of KRW 7 million from the Jung-gu District Court to a crime of violating the Road Traffic Act on August 24, 2016.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, on January 23, 2019, at around 01:11, the Defendant driven a 19km Ck7 car from the Sinyang-si Gyeongdong Road to the front of B apartment at Namyang-si, without obtaining a driver’s license under the influence of alcohol level of 0.108% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: One to three years of imprisonment;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. Although the Defendant, on January 23, 2019, was sentenced three times or more as a crime of violating the Road Traffic Act (driving) around 2010, around 2012, and around 2016, the Defendant committed the instant crime of driving under the influence of alcohol without a driver’s license on January 23, 2019.

This defendant's blood alcohol concentration;