A defendant shall be punished by imprisonment for not less than one year and six months.

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 20, 2012, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s Net Branch on August 20, 2012, and was sentenced to a summary order of KRW 5 million for the same crime in the same court on July 16, 2015, and was sentenced to a suspended sentence of KRW 5 million for the same crime in the same court on January 25, 2017.

On December 12, 2019, at around 20:50, the Defendant driven an EM7 vehicle under the influence of alcohol leveling 0.063% without obtaining a driver’s license from the Do in front of Scheon-si Budio to the front roads of D Bank in Gyeongcheon-si, Gyeongcheon-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to previous records and written judgments, etc.), and application of three copies of written judgments;

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent 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 (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act shall be suspended only once in consideration of the fact that the defendant misleads the defendant and reflects his mistake, and the blood alcohol concentration of the instant case, but probation, etc. shall be added

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;