Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 22, 2010, the Defendant received a summary order of KRW 1 million from the Changwon District Court due to a violation of the Road Traffic Act (driving).

On May 26, 2020, the Defendant, without obtaining a driver’s license on a motor vehicle on May 17:15, 2020, driving a motor vehicle with a blood alcohol content of about 0.248% on the roads near Kimhae-si B.

As a result, the Defendant violated the prohibition of drinking driving more than twice and operated a car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing of the order to provide community service and attend lectures is the case where the defendant, who has criminal records due to drunk driving, once drunk driving, had a very high level of alcohol concentration in blood at the time, and also caused an accident that causes physical damage.

However, the execution of imprisonment is suspended in consideration of the fact that the previous conviction due to the drinking driving was about 10 years, the distance of the drinking driving of this case cannot be deemed to be about 30 meters, and all of his errors are recognized and the prevention of recidivism is prevented, and community service is also ordered in consideration of the above circumstances.