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 September 30, 2009, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 3 million as a fine in the same court on May 16, 2018.

Although the Defendant had been punished for drinking driving more than twice as above, on February 24, 2019, the Defendant driven a motor vehicle in E-high-speed without obtaining a driver’s license from the roads near the cafeteria, which is located in the Gunsan-si B, to the roads near the Daump in the military, under the influence of alcohol level of 0.15% at around 22:40 on February 24, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, inquiry into the situation of a drinking driver, inquiry into the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal history records, investigation reports (verification of criminal records of the same kind - attachment of a summary order) - Application of two Acts and subordinate statutes attached to the summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. Although the reason for sentencing under Article 62-2 of the Criminal Code of the community service order and order to attend a lecture had three times of punishment, the fact that the defendant again committed the crime of this case is disadvantageous, but it is more favorable that the defendant repents his mistake and reflects his mistake.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.