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 January 6, 2016, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch office on January 6, 2016.

On July 5, 2020, the Defendant driven a F Poter under the influence of alcohol with a blood alcohol concentration of 0.072% without obtaining a driving license from around 300 meters to E in the vicinity of the C Moba-si “C Association Moba” branch, which is located in D, in approximately 300 meters.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Legal statement, report on the results of the influence of drinking and driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (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 an offense;

1. For the reason for sentencing of Articles 40 and 50 of the Commercial Concurrent Act [Punishment prescribed for the crime of violation of the Road Traffic Act with heavier punishment] Articles 53 and 55(1)3 of the Criminal Act, Article 62(1) of the Suspension of Execution of Sentence 3 of the Criminal Act, Article 62-2(1) of the Military Service Order, Article 62-2(1) of the Criminal Act, and Article 59 of the Probation, etc. Act, the details leading to driving under the influence of alcohol at the time, and the defendant was issued a summary order on December 15, 2015 with drinking and without a license on January 6, 2016, considering all circumstances including the fact that the risk of recidivism has reached a significant risk of recidivism (a prison imprisonment, three years of probation, community service, 200 hours of lecture, and 80 hours of compliance).