A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On May 9, 2013, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Daegu District Court's Ansan Branch on May 9, 2013.

【Criminal Facts】

On November 09, 2019, at around 03:40, the Defendant driven a B low-speed motor vehicle with a blood alcohol content of 0.137% under the influence of alcohol without obtaining a driver's license from a section of approximately 150km from the road in the location of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City to a point of approximately 126 km in the Geumcheon-si Expressway Highway located in the Geumcheon-si, Chungcheongnam-do.

As a result, the Defendant violated the regulations prohibiting drinking at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a criminal place, a report on occurrence of a traffic accident, a traffic accident scene map, a field survey report, a field photo, notification on the results of the crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, a driver's license register, an inquiry into the driver's license register, and

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, committed the instant crime even though he had the record of punishment for the crime of drunk driving in 2013, and the driving distance was reasonable at the time of the instant crime and the occurrence of traffic accidents are disadvantageous to the Defendant.

However, it is favorable to the defendant that the defendant recognized the crime of this case and reflected, and that the blood alcohol concentration at the time of this case was relatively low.