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 April 18, 2018, the Defendant issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 18, 2018 and a fine of KRW 5 million with the same court on May 23, 2019.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around 20:20 on May 31, 2019, the Defendant driven a motor vehicle with DNA high alcohol level 0.116% under the influence of alcohol without obtaining a driver’s license from the front side of B in Yangju to C in the upper end of C.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinions;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

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

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 (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;

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 was punished for each violation of the Road Traffic Act (driving) around 2018 and around May 23, 2019, the Defendant, who was sentenced to sentence, has a high possibility of criticism in that he committed the instant crime on May 31, 2019.

The blood alcohol concentration of a defendant, driving distance, distance from previous punishment records, distance from previous punishment records, and other various records and arguments of this case, such as the defendant's age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.