A defendant shall be punished by imprisonment for not less than one year and six months.

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

[Criminal Power] On October 10, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court on October 10, 2016; and on October 10, 2016, the same court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving).

around 05:53 on July 7, 2019, the Defendant driven DK5 car while under the influence of alcohol content of about 30 meters at the front of the C Association located in Gwangju City, Gwangju, while under the influence of alcohol content of 0.137%.

around 05:50 on September 1, 2019, the Defendant driven H K5 cars under the influence of alcohol without obtaining a driver’s license from around about 1km section from around the Defendant’s residence in Gyeonggi-si to the G convenience store located in Gwangju-si, to the G convenience store located in Gwangju-si, while under the influence of alcohol of about 0.070%.

As a result, the Defendant driven a car under the influence of alcohol with a person who has violated the regulations on drunk driving more than twice.

Summary of Evidence

1. Previous convictions indicated in judgment: Criminal history records, references (A), reports on the results of confirmation before each disposition, and copies of each summary order "2019 Highest 1930";

1. Defendant's legal statement;

1. The circumstantial statements of a drinking driver, the circumstantial reports of a drinking driver, and the notification of the results of the crackdown on drinking;

1. On-site photographs "2019 Highest 2178";

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, notification on the results of the control of drinking driving, the register of driver's licenses for automobiles, and disqualified meetings of the main office;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant provisions of Article 148-2 (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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act committed on September 1, 2019) of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.