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

[criminal power] On December 2, 2013, the Defendant issued a fine of one million won at the Gangseo branch court of the Chuncheon District Court for a violation of the Road Traffic Act (driving). On April 10, 2015, the Defendant was issued a fine of four million won at the same court as the same crime.

【Criminal Facts】

1. Around 02:10 on May 12, 2019, the Defendant driven a motor vehicle under the DNA test with a distance of approximately 200 meters from the street of the orchard located in Gangnam-si B to the road in front of C, with a blood alcohol concentration of at least 0.05%.

As a result, the defendant was punished for drinking twice or more, and was driving again.

2. On May 12, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) around 00:00, at around 00, the Defendant driven a car in D, without a car driver’s license, a approximately 400-meter section from the front of the orchard C to the front of C at around 02:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Investigation report (on-site photographs and photographs of the person suspected of drinking alcohol);

1. An investigation report (to attach a copy of the closure of the portal site);

1. Investigation report (Examination of suspect's blood alcohol concentration);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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. 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 (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc.: Driving under the influence of alcohol as well as himself/herself.