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

On April 13, 2015, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act, etc. at the Sung-nam branch of Suwon District Court on April 13, 2015, and on February 1, 2017, the Defendant issued a summary order of KRW 5 million for the same crime, etc. at the Jung-gu District Court.

On September 22:19, 2018, the Defendant driven a e-car with the e-car under the influence of alcohol content of 0.201% without obtaining a driver’s license, from the front of the “C” singke to the roads near the D apartment model hybrid, to approximately 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal history records, investigation reports, and summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was punished for drunk driving even before.

Nevertheless, the crime of this case was committed under the influence of 0.201% of the blood alcohol concentration in the second blood.

The defendant was found to be reported by another vehicle while driving on the road, and the body of the defendant was not properly accumulated even after the detection.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.