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 March 31, 2017, the Defendant was sentenced to a fine of KRW 1.5 million by the Seoul Central District Court for a violation of the Road Traffic Act (driving). On January 3, 2019, the Defendant was sentenced to a fine of KRW 4 million by the Seoul Southern District Court for a violation of the Road Traffic Act (driving).

On August 4, 2019, at around 06:30, the Defendant driven CK-5 cars while under the influence of alcohol content of 0.081% while under the influence of alcohol, despite the revocation of a driver’s license in approximately 12.5km from the road of Yongsan-gu Seoul Metropolitan Government to the front road of Gangseo-gu Seoul Metropolitan Government.

As a result, the Defendant violated the prohibition of drunk driving three times, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Criminal records, etc., inquiry reports and application of 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;