A 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 May 6, 2015, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling support on May 6, 2015, and a fine of KRW 4 million for the same crime in the same court on June 20, 2018.

Nevertheless, at around 14:53 on September 22, 2019, the Defendant driven a DNA cargo vehicle while under the influence of alcohol of 0.193% without obtaining a driving license from around 500 meters to around C from 500 meters to around C.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal investigation reports (attached to summary orders of the same kind of suspect records);

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;

1. Under the current Road Traffic Act, the reason for sentencing Article 62-2 of the Criminal Act was amended, the punishment for the crime of drunk driving was strengthened, and the fact that the defendant recently had been punished for the same kind of crime in the atmosphere with high social awareness of the crime of drunk driving, but the crime of this case was committed without the consent of the defendant, the defendant's blood alcohol concentration level at the time of the crime is high, minor, but a traffic accident during the crime is disadvantageous to the defendant.

Provided, That there is no significant penalty power exceeding the fine, while committing the crime.