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 of the final judgment.

Punishment of the crime

On October 29, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Jeonju District Court’s Military Accounting Branch, and on December 1, 2015, the Defendant issued a summary order of KRW 4 million as a fine for the same crime in the same court.

Although the Defendant had been punished twice or more as above, on June 12, 2017, at around 21:18, the Defendant driven a motor vehicle with DNA low alcohol without obtaining a driver’s license from the place near a cafeteria in the northwest-dong in the Gunsan-si to the roads near C in the same city in the same city, under the influence of alcohol level of 0.32%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (verification of the same type of crime records - attachment of summary order), copies of summary order, and application of two Acts and subordinate statutes attached thereto;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative imprisonment with prison labor (with prison labor for a person who has been punished for drinking twice in 2009 and year 2015, considering the fact that the defendant seems to have been driving without obtaining a license even though his/her license was revoked in 2015, and the fact that blood alcohol content exceeds 0.322%, etc.);

1. Article 62 (1) of the Criminal Act (Taking into account the fact that there is no enemy who has been punished heavier than the fine for the same kind of crime);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;