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.

Criminal facts

On May 21, 2012, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on May 21, 2012, the summary order of KRW 2,00,000 as a fine for the same crime in the same court on January 8, 2013, and the summary order of KRW 5,00,000 as a fine for the same crime on May 8, 2018, respectively.

Although the Defendant had a power of violating the provision on the prohibition of driving under the influence of alcohol, the Defendant driven a DNA car with a blood alcohol concentration of about 0.065% without a motor vehicle driver’s license from the front of Seo-gu Incheon, Seo-gu to the front of Incheon, Seo-gu, 2019 to the front of Incheon, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report accompanied by a copy of a summary order);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;