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 May 19, 2014, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million, and on November 22, 2017, the Defendant received a summary order of KRW 4 million from the Busan District Court’s Seo branch to the same crime.

On May 10, 2019, at around 04:15, the Defendant driven a B-hand car with a blood alcohol concentration of 0.128% under the influence of alcohol without obtaining a driver’s license from a section of approximately 1km from the front day of the mutually infinite-dong, Busan, to the front day of the curriculum located in the same Kucheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver's standing statement, and investigation report (report on the state of the drinking driver);

1. Application of the ledger of driver's licenses and the details of disposition for cancellation thereof;

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 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

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. 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 community service and lecture attendance order was the case where the defendant was sentenced to a fine due to drinking driving, so the crime is not good.

Recently, the social awareness of the harm of drinking driving has been raised, and the punishment under the Road Traffic Act has also been raised.

However, the defendant has no previous convictions over the probation, considering the favorable circumstances for the defendant.

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 arguments of this case.