Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 30, 2009, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Youngcheon District Court’s Young-gu branch on June 30, 2009, and on February 14, 2018, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 11, 2019, the Defendant, as a person who violated the provision on the prohibition of drunk driving under the Road Traffic Act two times or more, driven a cargo vehicle Eco-rayed under the influence of 0.152% of blood alcohol concentration without obtaining a driver’s license from the public parking lot in front of the “C” located in Pyeongtaek-gun B, Gangwon-do to the national highway 31-distance 500 meters from the public parking lot in front of the “C” to the national highways.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. A previous conviction: An inquiry report and an investigation report (verification twice the records of sound driving) shall be applied by the Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for one year to three years;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, without a license, driven a cargo vehicle while under the influence of alcohol with a blood alcohol concentration of 0.152%.

Furthermore, the defendant has been punished for a fine of KRW 3 million due to a drunk driving in 2004, a fine of KRW 3 million due to a drunk driving in 2006, a fine of KRW 2 million due to a drunk driving in 2009, and a fine of KRW 5 million due to a drunk driving in 2018, and other violations of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on Special Cases Concerning the Settlement of Traffic Accidents.