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 became final and conclusive.

Punishment of the crime

On August 16, 2018, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act in the Busan District Court's branch court.

Although the Defendant had the power of violating the provision prohibiting driving under the influence of alcohol, on November 10, 2019, at around 19:10, the Defendant driven D1 ton cargo vehicle while under the influence of alcohol without obtaining a driver’s license at a 1km section from the front side of the Cheongbuk-gun, Chungcheongnam-gun, North Korea, to the front side of the same military C, while under the influence of alcohol by 0.147%.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Report on the circumstances of a drinking driver, report on the control results of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. In particular, the following should be taken into account: (a) the Defendant’s reflectiveness of sentencing under Article 62(1) of the Criminal Act; (b) three times the criminal history of traffic crimes; (c) the degree of exploitation and the distance of operation; and (d) the economic situation of class