A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 19, 2010, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving). On March 30, 2011, a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving). On September 7, 2012, the Defendant received a summary order of KRW 1 million from the Jung-gu District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving without a license). On February 14, 2013, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime. On May 18, 2016, the same court issued a summary order of KRW 3 million as the same crime.

On April 23, 2019, at around 02:40, the Defendant driven a DNA car with a blood alcohol concentration of about 0.112% without a car driver’s license from the front side of the stone bridge distance in the Guri-si, Siri-si, Siri-si, to the front side of the Guri-si B market C.

Accordingly, the Defendant once or more drunkly driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal history records, investigation reports (report on the confirmation of criminal records of the same kind) and 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 and enforced June 25, 2019); Article 152 (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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order has the record of having been punished several times, including imprisonment for the same kind of crime, such as drinking, unlicensed driving, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc.

Nevertheless, this case is where driving is conducted under the condition of 0.112% of alcohol concentration in the blood of the second blood.