A defendant shall be punished by imprisonment for a term of one year and two months.

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 21, 2008, the Defendant is a person who violated the provisions on prohibition of drunk driving by receiving a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 3 million for a violation of the Road Traffic Act from the Changwon District Court Branch Branch on October 6, 2014 to a summary order of KRW 3 million for a violation of the Road Traffic Act at least twice.

On March 19, 2019, at around 20:15, the Defendant driven a BAu Q5 car in the state of alcohol alcohol concentration of 0.219% under the influence of alcohol without obtaining a driver’s license from the front of a restaurant located in the center of Seongbuk-gu, Changwon-si to the front road of the 5km street in the same city from the front of a restaurant located in the middle of the city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements, investigation report, and the ledger of driver's licenses for motor vehicles, all of which are made;

1. Previous convictions in judgment: Application of criminal records, investigation reports (a) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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 of Article 62-2 of the Criminal Act on community service and lecture attendance order was that the defendant committed a second offense without being aware that he had been punished twice due to drinking driving.

Furthermore, at once, the drinking has been driven under the influence of licence.

Moreover, the degree of alcohol is very high in the state of blood alcohol concentration 0.219%.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In fact, there was no actual accident.

There have been no criminal conviction of imprisonment or heavier punishment.

In addition, the sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime are considered as ordered.