The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 14, 2014, at the Seoul Western District Court, the Defendant received a summary order of KRW 3 million (0.106% of blood alcohol concentration) by violating the Road Traffic Act, and a summary order of KRW 5 million (0.183% of blood alcohol concentration) at the Seoul Western District Court on May 29, 2017, respectively.

At around 23:50 on December 8, 2018, the Defendant, without a driver’s license, driven a car with approximately 200 meters alcohol level of 0.19%, while under the influence of alcohol level of 0.19% on the roads in front of Gangnam-gu Seoul, Seoul, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of measurement results of drinking alcohol, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of each summary order;

1. Article 152 subparagraph 1 of the relevant Article of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;