A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 29, 2009, the Defendant was notified of a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act in the Changwon District Court's Seoul District Court's Chang Branch on the charge of violation of the Road Traffic Act. On August 31, 2012, the Defendant was notified of a fine of KRW 4 million as the same crime in the same court. On August 18, 2017, the Defendant was notified of a fine of KRW 5 million as the same crime in the same court.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) driven a B-wing truck under the influence of alcohol content of at least 0.103%, without obtaining a driver’s license on a section of about 360 meters from the front of the central fee-charging parking lot located in the Seoul Special Metropolitan City, Chang-gun, Seoul Special Metropolitan City on July 2, 2018 to the front of the road at the same Ri, which is located in around 18:00; and (c) drive the B-wing truck under the influence of alcohol content of at least 0.103%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a traffic accident report, a traffic accident scene report, a photograph of the scene of the traffic accident, a notification of the results of crackdown on drinking driving, a statement concerning the circumstances of the driver placed at home, an investigation report, or a statement by the police against C;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and the punishment provided for the crimes of violation of the Road Traffic Act with a heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished three times due to drinking alcohol, such as the record of the first head as indicated in the judgment.

In particular, as seen earlier, it was punished for drinking driving in August 2017, which was 1 year ago.