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

[criminal power] On November 12, 2012, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Support for the Incheon District Court on November 12, 2012, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court on September 7, 2018.

【Criminal Facts】

On April 24, 2019, at around 05:33, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol level of 0.115%, without obtaining a driver's license at a distance of about 15 km from the street in front of the trade name in the south-dong, Do-dong to the Daejeon Daejeon Highway at around 13.2km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking-driving driver, report on the situation of a drinking-driving, notification of the control of a drinking-driving, investigation report (report on the circumstances of a drinking-driving driver), a drinking-free driver, and inquiry into the results of the control of a drinking-driving;

1. Investigation report (verification of the same kind of power);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act [Article 148-2 (1) 1, Article 14 (1), Article 152 subparagraph 1, and Article 43 of the same Act, applicable to the facts constituting an offense before partial amendment is made on December 24, 2018 (Enforcement Date);

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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: (a) Defendant’s mistake and reflects all of the reasons for sentencing; and (b) Defendant committed the instant drinking driving crime under the influence of a license even though he had been punished three times for the same kind of crime; (c) the blood alcohol concentration and driving distance of the instant case; and (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the instant crime; and (e) other various sentencing conditions