A defendant shall be punished by imprisonment for not more than ten 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 June 21, 2013, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on June 21, 2013. On January 29, 2015, the Defendant received a summary order of KRW 7 million due to a fine for a violation of the Road Traffic Act (driving) from the same support.

Although the Defendant violated two or more regulations on the prohibition of drunk driving, as stated in criminal records, the Defendant was driving C-II cargo vehicles under the influence of alcohol of about 0.249% without obtaining a driver’s license in the section of about 5km from around 17:55 on June 19, 2019 to the point of 20.5km in Daegu, Daegu, the Dok-si Highway located in the same Gun from the roads adjacent to the Gun, not from around 17:55, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking-driving, notification on the control of a drinking-driving, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, has been sentenced to punishment for the same kind of crime and the defendant committed the crime in this case without showing any circumstances. The fact that the blood alcohol content of the defendant was considerably high at the time of the crime in this case is disadvantageous to the defendant.

However, the defendant's mistake is all.