A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On June 8, 2007, the defendant was issued a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Youngju District Court's Youngdong branch on the charge of violation of the Road Traffic Act, and a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on June 12, 2018, and there was a record of being discovered two or more times in violation of the prohibition of drinking driving.

【Criminal Facts】

On April 19, 2019: (a) the Defendant was under the influence of alcohol by 0.099% without obtaining a driver’s license on April 23:17, 2019; and (b) the Defendant was driving a DNA car at a section of about 200 meters in front of the ethic City B before the ethic City C.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Previous convictions as indicated in the judgment: Criminal records, investigation reports (a copy of the summary order before sound driving), - Summary Order of the Jeonju District Court (2003 High Court approximately 2355), summary order of the Youngju District Court (2007 High Court approximately 756), summary order of the Youngju District Court (2018 High Court approximately 1954) shall be applicable;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019); 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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is deemed to have had the record of being punished for drinking at least three times, and the defendant, whose driver's license was revoked on May 16, 2018 due to drinking driving, is not less and less than that of the crime, and the degree of blood alcohol concentration due to drinking in this case is not low. In light of the fact that the crime of this case was committed on the grounds of sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education, the crime of this case was committed again after the defendant was punished for drinking on June 2018.