A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal power] On June 11, 2007, the Defendant received a summary order of KRW 700,000 from the Gangseo branch court of the Chuncheon District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act, and on September 19, 2012, a summary order of KRW 3 million as a fine was issued from the Seocho branch court of the Chuncheon District Court to the same crime.

【Criminal Facts】

[2019 Highest 119]

1. Around 21:40 on February 23, 2019, the Defendant driven the E K-7 vehicle under the influence of alcohol content of 0.21% from the 5km section at the “C” coffee parking lot located in Yangyang-gun B to the model lower road of the Gangwon Yangyang-gun D apartment model, Gangwon-gun.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

[2019 Highest 558]

2. Around November 21, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a KS7 car without a driver’s license in a section of approximately 700 meters from the G institution’s parking lot located in the F of Gangwon-gun Yangyang-gun to the IO parking lot located in H.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the situation of a drinking driver, inquiry into the vehicle, report on internal investigation (Attachment of photographs), and register of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 of the Road Traffic Act; Article 43 of the Road Traffic Act; Articles 152 (1) and 43 of the Road Traffic Act; the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been sentenced to a fine twice due to the crime of drunk driving, again committed the crime of drunk driving.