A defendant shall be punished by imprisonment for not more than ten 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

The Defendant was issued a summary order of KRW 5 million on August 11, 2008, a fine of KRW 2 million on July 11, 2008, a fine of KRW 1.5 million on August 29, 2013, and a fine of KRW 5 million on April 23, 2018, respectively, in the Changwon District Court’s Jinju branch.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on May 23, 2019 without obtaining a driver’s license again, the Defendant driven an E rocketing car under the influence of alcohol of about 0.110% of blood alcohol concentration from around 23:40 on May 23, 2019 to the back of “Dju store” located in Jinju-si B apartment, to the end of “Dju store”.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Registers of driver's licenses;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (recognition of criminal conduct, particulars of driving, distance of driving, etc.);

1. Orders to provide community service or attend lectures: Article 62-2 of the Criminal Act;