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 this judgment becomes final and conclusive.

Punishment of the crime

On October 14, 2008, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on October 14, 2008, and was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Southern District Court on August 13, 2018.

On June 10, 2019, the Defendant violated the duty of prohibition of driving under the influence of alcohol two times or more, and once again, driven a e-child car from around 2 km to the front road of the Yangcheon-gu Seoul apartment zone with a blood alcohol content of 0.079% under the influence of alcohol without obtaining a driver’s license on June 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

1. Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 152 (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. Probation and community service order under Article 62-2 of the Criminal Act: The same type of punishment as the order shall be determined, taking into consideration the various sentencing conditions shown in the pleadings of the instant case, such as the reasons for sentencing without permission, the background of driving without permission, the measurement of drinking, the probation and the suspension of execution, and the like and similar criminal records

It is so decided as per Disposition for the above reasons.