A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 3, 2019, at around 23:40, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.122% without obtaining a driver’s license from around the gold Station located in the 750th of the Gyeonggi-si Si, Gyeonggi-do, to the roads in front of the Si Military Port Complex Cargo Terminal.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 2 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. 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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to one year;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

Unfavorable circumstances: The blood alcohol concentration of the defendant is reasonable, and the accident has occurred.

Since drinking driving is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as himself/herself, it is necessary to strictly punish him/her and prevent him/her from committing such crime.

Although the defendant has been sentenced to three times of fine for the same crime, and two times of suspended sentence of imprisonment, the defendant committed each of the crimes of this case.

The defendant's mistake is recognized.