A defendant shall be punished by imprisonment for a term of one year and four months.

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

[criminal power] On April 14, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court as a summary order of KRW 1 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million for the same crime at the same court on March 4, 2019.

【Criminal Facts】

Around 08:00 on May 28, 2020, the Defendant driven a DNA-based car with a blood alcohol concentration of 0.253% under the influence of alcohol level 0.253%, without obtaining a driver’s license, from the 333rd sperm dong, to the entrance and front door of the Cuniversity located in Gwangju city B.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports and investigation reports;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive and circumstances of the crime, means and consequence of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the oral proceedings.

Unfavorable circumstances: A person who committed a crime even though he had a record of drinking driving twice.

Blood alcohol concentration is 0.253%, which is very high.

The defendant. The defendant.