A defendant shall be punished by imprisonment for not less than one year and six 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

On September 7, 2016, the Defendant received a summary order of KRW 1.5 million from the Gwangju District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on November 23, 2017, the same court received a summary order of KRW 7 million for a crime of violation of the Road Traffic Act.

On July 14, 2019, at around 19:00, the Defendant driven a e-mail vehicle, while under the influence of alcohol level of 0.060%, without a driver’s license, from around approximately 2.5 km from the front side of the B Village, to the entrance distance of B Village via “D station” located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., are that the Defendant had already been punished by blood alcohol concentration twice due to drunk driving: 0.115%, 0.11%, 0.091%, and 0.091% of the punishment, and that the Defendant was punished by drinking without drinking alcohol driving, and that the Defendant was punished by drinking without drinking alcohol driving, and that the Defendant caused the occurrence of an accident resulting in fall down at the end.

However, as seen earlier, the defendant has no record of criminal punishment except for the previous conviction due to the driving without a license.