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 April 19, 2018, the Defendant issued a summary order of a fine of KRW 4 million at the Cheongju District Court for a violation of the Road Traffic Act.

Nevertheless, at around 23:30 on October 26, 2019, the Defendant driven a C Sti-type car under the influence of alcohol content of about 0.112% without a driver’s license at a section of approximately 400 meters from the Cheongju-si (U.S.) road in front of the Cheongju-si (U.S.) and then at a section of about 400 meters prior to the said B.

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;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, there is a social consensus that the punishment for drunk driving should be strengthened due to the favorable circumstances, the seriousness of the harm caused by drunk driving and the high recidivism rate of drunk drivers, such as the fact that the punishment of each crime of this case is recognized and wrong, and the fact that there is no other penalty force than a fine once, etc., and the amendment has been made and implemented. The defendant is driving a vehicle under the influence of drinking and non-licenseing even though the recent history of drunk driving had been one time.

The punishment as ordered shall be determined by comprehensively taking into account the unfavorable circumstances, such as the fact that causes traffic accidents, and other circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the age, character and conduct, environment, family relationship, and circumstances before and after the crime.