A defendant shall be punished by imprisonment for not less than one year and six 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 12, 2010, the Defendant was issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act, etc. in the Changwon District Court's Jinju branch.

At around 16:00 on September 10, 2019, the Defendant driven a motor vehicle from the front of the “Cunsansan Complex” located in the Cheong-gun, Chungcheongnam-gun, Busan Metropolitan City, to the front of the Defendant’s dwelling in the same Do, without obtaining a driver’s license in the state of alcohol level of about 1.8 km with a blood alcohol level of about 0.187%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Registers of driver's licenses;

1. 112 Reporting case management table;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act, choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession, the health of defendants, environment, etc.);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;