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 July 10, 2018, the Defendant was issued a summary order of KRW 4 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

On July 11, 2019, at least 07:45, the Defendant violated the prohibition of driving under the influence of alcohol twice or more by driving a motor vehicle under the influence of alcohol while under the influence of alcohol without a driver’s license (Cancellation of license on July 12, 2018), from the front side of C located in Seojin-gu, Seojin-gu, Seoul to the 9 Modi-ro 1-gil 1-gil 9 modern special metal shooting distance.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the circumstantial statement of a drinking driver, and the driver’s license ledger;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (verification of existing records of drinking driving), and copies of summary orders;

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 ordinary concurrent crimes (the punishment prescribed for a violation of each Road Traffic Act at the time of marketing and the punishment heavier than that of a violation of the Road Traffic Act shall be imposed);

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 under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant committed the instant crime even though his driver’s license was revoked, and it is not good that the instant crime is committed.

However, in full view of the fact that the defendant has recognized his mistake, the defendant has no record of criminal punishment except for a fine once, and other various sentencing conditions, such as the background of the crime of this case, the degree of drinking, the age and character of the defendant, etc., the punishment shall be determined as ordered.