A defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

[criminal power] On June 27, 2012, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on April 4, 2018, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime, etc. at the Jung-gu District Court on April 4, 2018, and the said judgment became final and conclusive on April 12, 2018.

【Criminal Facts】

On January 20, 2019, the Defendant: (a) was a person who violated two or more regulations on the prohibition of drunk driving, and (b) was under the influence of alcohol by 0.093% at the blood alcohol concentration without obtaining a driver’s license on January 15, 2019; (c) was driving a DNA car at the section of approximately 25 Km from the Sungnam-gu Seoul Special Metropolitan City B market to the front road of the wife population C at permissible time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

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;

1. The Defendant was punished by a fine for driving under the influence of alcohol in 207 and 2012, and was punished by a suspended sentence for driving under the influence of alcohol in 2018, and was engaged in drinking under the influence of alcohol.

On September 5, 2017, the driver's license was revoked on September 5, 2017.

In addition, even though the defendant was clearly aware of the fact that the trial was in progress, he was forced to avoid punishment, instead of reflectiveness, and the defendant escaped, which led to the crime of this case at the time nine months elapsed during the two-year suspended execution period, but the present suspended execution period did not remain for two months.

As such, it shall be intentional.