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

[criminal power] On October 23, 2012, the Defendant was issued a summary order of KRW 2 million at the Seoul Southern District Court to a fine of KRW 2 million for a violation of the Road Traffic Act, and on April 22, 2014, a summary order of KRW 7 million was issued at the Cheongju District Court to a fine of KRW 2 million for a violation of the Road Traffic Act.

【Criminal Facts】

On November 30, 2018, at around 22:25, the Defendant driven a fa-purd motor vehicle under the influence of alcohol content of 0.140% while under the influence of alcohol without obtaining a driver’s license from approximately 50 meters to the front road of “E” located in D, “C” on the front side of “E” in Chungcheongnam-gun B, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the circumstances of an employee;

1. Notification of the control results of drinking driving, and report on the investigation of drinking drivers;

1. Inquiry into the enemy;

1. To refer to the ledger of driver's licenses;

1. Previous convictions in judgment: References to criminal records and criminal investigation reports (A) and the application of Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; hereinafter “former Road Traffic Act”) on criminal facts; Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 201);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is a crime that may cause serious harm to the life and body of a driver as well as the driver himself/herself.

However, the Defendant was punished by a fine of KRW 2 million due to drinking driving in 2012, and the Defendant was punished by a fine of KRW 7 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in 2014.