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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 25, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court, and a fine of KRW 3 million for the same crime in the same court on December 22, 2017.

【Criminal Facts】

On June 7, 2020, at around 04:29, the Defendant driven a D low-speed car without a driver’s license in a section of approximately 200 meters of blood alcohol concentration of about 0.180% from the street near the playground in front of the Hanju-si B apartment to the front road in front of the same city.

As a result, although the defendant had a record of being punished as a drinking driving, he driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The register of driver's licenses for notification on the control of drinking driving;

1. Records of judgment: Inquiry report, investigation report (attached to the summary order related to the history of punishment for drunk driving of a suspect), application of the relevant summary order in three copies of the relevant summary order;

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 reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

Defendant has been punished for three times due to drinking driving.

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