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

1. On September 17, 2012, the Defendant issued a summary order of a fine of KRW 4 million at the Central District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million at the same court on June 11, 2018.

On July 6, 2018, at around 23:30, the Defendant driven a chip car at a distance equivalent to about 1 km from the flive flateral fluri to the roads adjacent to the new ICT located in the same Ri from the roads adjacent to the new ICT located in the same Ri, in the state of under the influence of alcohol concentration of 0.098%.

2. The Defendant has driven the said vehicle without a driver’s license in the same date and section as the above paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order lies in having been sentenced two times or more for the same crime, such as drinking, unlicensed driving, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and has been punished several times.

Nevertheless, the crime of this case was committed while driving under the influence of 0.098% of the blood alcohol concentration in the second blood.

In particular, the Defendant issued a summary order of KRW 4 million on June 11, 2018 due to drinking driving, and thereafter committed the instant crime on July 6, 2018.

However, there is a family to support the defendant, and the defendant does not drive a drinking again.