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

On May 24, 2012, the Defendant issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act, and a summary order of KRW 6 million for the same crime from the same support on September 19, 2016.

On May 18, 2019, at around 02:48, the Defendant driven an E-string vehicle while under the influence of alcohol 0.092% of the blood alcohol concentration without obtaining a driver's license from approximately 150 meters from the D-C to the front road of the D branch located in Seocho-si.

As a result, the defendant has violated the Road Traffic Act prohibition on drinking twice or more, and has driven a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above prohibition on driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses and detailed statements of cancellation thereof;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 penalty: Imprisonment;

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

1. Even though the defendant's reasons for sentencing of Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures are revoked due to the existing drinking driving, the criminal liability is not less complicated in that he/she once consumes or driving without a license.

However, the fact that the defendant seems to reflect the crime, that the driver of this case did not cause a traffic accident, that the defendant did not have any record of crime exceeding the fine, and that the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime are committed.