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 January 29, 2016, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act (driving) and a summary order of a fine of five million won or more due to a violation of the Road Traffic Act in the same court on November 23, 2018, respectively.

On March 19, 2019, at around 08:50 on March 19, 2019, the Defendant driven an FST5 vehicle without obtaining a driver’s license with a blood alcohol concentration of about 0.130% in approximately 200 meters from the C cafeteria located in D to the E preceding road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Details of driver's license revocation;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of penalty: Imprisonment;

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;