Defendant shall be punished by imprisonment for a term of one year and two 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 July 8, 2016, the defendant was issued a summary order of KRW 4 million by the Busan District Court for the crime of violation of the Road Traffic Act.

On June 27, 2019, at around 21:50, the Defendant driven a D SP car while under the influence of alcohol leveling 0.070% without obtaining a driver’s license on a section of about 10 meters in the vicinity of “C” located in SPY B, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the circumstance of a drinking driver, the report on the purification of a drinking-driving, and the inquiry into the results of the drinking-driving control;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant was sentenced to a fine due to drunk driving, and that the criminal act in the second judgment is disadvantageous to the defendant.

However, considering the fact that the distance of the defendant moved short, and that the defendant has no record of punishment heavier than that of imprisonment without prison labor, the circumstances favorable to the defendant shall be considered.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.