A defendant shall be punished by imprisonment for not less than eight 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 July 30, 2014, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Busan District Court’s branch branch on July 30, 2014, and was under the influence of alcohol on August 3, 2016, and was under the influence of 0.085% of blood alcohol level, and was under the influence of alcohol driving twice or more.

On January 30, 2019, around 02:48, the Defendant driven a G-learning car without obtaining a driver's license in the state of alcohol alcohol concentration of about 0.115% at the 1km section from the Do front of the sub-transmission point of D Bank in Busan Shipping Daegu C to the front road of E.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of H traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The actual survey report on traffic accidents;

1. The user ledger of the drinking measuring instruments and the driver's license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had the record of being punished two times due to drunk driving (one of them is pending in Busan District Court Decision 2019Ma262) within the last five years, and he again drives under the influence of alcohol in the state of licenses, and the accident due to the drinking driving in this case occurs.