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 15, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court, and on December 16, 201, at the Seosan Branch of the Daejeon District Court, a fine of KRW 2.5 million for a violation of the Road Traffic Act was issued.

【Criminal Facts】

At around 22:30 on July 16, 2019, the Defendant, despite the fact that he had driven under the influence of alcohol as above, had not acquired the driver’s license under the influence of blood alcohol concentration of 0.191%, and had driven Eyststa car at approximately 2 km from B adjacent to the road of Jinjin-si to D in the front road of Jinjin-si.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on the confirmation of criminal records of the same kind as a suspect), and application of Acts and subordinate statutes of two copies of the summary order;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's age, character and behavior, environment, motive for committing the crime, circumstances after committing the crime, etc. in consideration of the unfavorable circumstances such as the fact that the defendant has already been punished twice due to drinking driving without a driver's license, the fact that drinking water in this case is considerably high, the defendant's mistake and reflects the defendant's mistake, the fact that it does not amount to a traffic accident, and the fact that the defendant has no serious criminal record exceeding the fine.