A defendant shall be punished by imprisonment for one year.

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

On November 11, 2019, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in the Changwon District Court’s territorial branch.

On February 24, 2020, the Defendant driven a F Track vehicle under the influence of alcohol concentration of about 0.170% without a car driver’s license in the five-meter section from the front of the C cafeteria, which is located in B, to the front of the E in the city D.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) more than twice, and simultaneously driving a car without a driver's license.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Application of one copy of the criminal record, reply note, and summary order under Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (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 facts constituting an offense;

1. Selection of a sentence of imprisonment with prison labor chosen, which is provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, including the fact that the defendant was subject to a fine due to drinking alcohol driving in 2019, and that the driver's license was revoked, and that the traffic accident due to drinking alcohol driving in this case was a very unfavorable condition to the defendant, or that there was no personal injury due to traffic accident, the distance of drinking driving is short, and that there was no history of criminal punishment exceeding the fine due to the same kind of crime, etc., the sentence as the order shall be determined as per Disposition, taking into account all the circumstances, including the following: