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 July 20, 201, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on December 21, 2016, respectively.

【Criminal Facts】

On August 26, 2019, at around 00:13, the Defendant driven a DNA cargo vehicle with approximately 800 meters alcohol level 0.184% under the influence of alcohol level, without obtaining a driver’s license, from the front of a restaurant in the middle of the Sejong-si, Suwon-si to the front of the Ccafeteria in B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports (a summary order attached to the same type of power);

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. The Defendant was punished by a fine for drinking driving in 201 and 2016, and the driver’s license was revoked on December 21, 2016 due to drinking driving on the grounds of sentencing under Article 62-2 of the Criminal Act.

Nevertheless, there is a need for severe punishment in that the Defendant, even though he was able to easily understand the above circumstances through the media, was engaged in driving under the influence of alcohol, since June 25, 2019, and the penal provision on drinking under the influence of alcohol was strengthened.

In addition, the Defendant’s driver’s license was revoked.