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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 7, 2014, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,00,000 as a fine in the same court on August 24, 2018.

On September 13, 2019, around 04:07, the Defendant driven a B Sti-type car under the influence of alcohol concentration of 0.090% without obtaining a driver's license in the section of approximately 3 km from the French-dong in Yangju to the original school road in the same city.

As a result, the defendant was driving in violation of the prohibition on drinking without obtaining a driver's license at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. License register;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with 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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, on or around 2014 and around 2018, was punished for the violation of each Road Traffic Act (driving on or around 2018), and for the violation of the Road Traffic Act (driving on or around 2018) and the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

The blood alcohol concentration in this case reached 0.090% and the risk of drinking driving has been realized by causing traffic accidents, and the age, character and conduct of the defendant.