A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On January 20, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Jinju branch on January 20, 209, and on June 11, 2018, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court on June 11, 2018, and was issued three times of the same type of crime.

On September 2, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle at around 11:30, driven C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice without a driver’s license, and drives a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Statement made by the police against D;

1. The driver's license ledger;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into account the two preceding years and one time during the latest five years);

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;