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

[criminal power] On October 31, 2016, the Defendant was sentenced to a summary order of KRW 1.5 million at the Changwon District Court for a violation of the Road Traffic Act (driving). On March 27, 2017, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court.

【Criminal Facts】

On October 6, 2019, at around 00:15, the Defendant driven a DNA car without a driver’s license, while under the influence of alcohol content of about 0.039% in approximately 2km section from the roads in front of the dwelling of the Defendant in Changwon-si, the window B to the roads in front of the building in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the drinking driving control, and a license register;

1. Previous records of judgment: Criminal records, inquiry reports, judgment, and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The harmful effects of drunk driving, traffic-related criminal records (one time after the accident, two times after drinking and without obtaining a license), and the conditions favorable to recidivism during a short period: The defendant repents the defendant's mistake and reflects it; the degree of blood alcohol concentration is relatively low; there is no history of punishment exceeding the fine; the family members, etc. are dependent, etc.