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 April 29, 2019, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Seoul Eastern District Court.

On September 15, 2019, around 05:46, the Defendant driven a DNA car with a blood alcohol concentration of 0.167% while under the influence of alcohol without obtaining a driver's license from approximately 2 km from the front of Mapo-gu Seoul to the front of the same Gu C on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Photographs of the suspect's drinking place and control place;

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

1. Relevant legal provisions concerning the facts of crime, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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. In view of the fact that the statutory penalty for drinking-driving crimes has been continuously aggravated due to the reason for sentencing [unfair circumstances] of Article 62-2 of the Criminal Act, serious social harm caused by drinking-driving, and changes in the legal sentiment of the general public, there is a need for a strict punishment for drinking-driving crimes.

Moreover, even before the instant case, the Defendant had been punished for drinking driving two times, and even after the instant case was controlled as a drinking driving immediately before the occurrence of the driver’s license, the Defendant had a high possibility of criticism while driving a motor vehicle while under the influence of alcohol without a license.

At the time of the instant crime, the blood alcohol concentration is considerably high.

[Modern circumstances] The defendant is able to not repeat again by breaking his mistake in depth.

No additional damage has occurred.

The accused shall be punished by a fine.