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 July 30, 2019, the Defendant received a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch.

At around 00:10 on May 17, 2020, the Defendant driven a Radon car under the influence of alcohol with approximately 10 meters alcohol level 0.152% without obtaining a driver’s license for blood alcohol level on the front of the “CF EF EF EF Station” located in Goyang-dong, Yongsan-si.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and simultaneously driving without a license.

Summary of Evidence

1. Statement E of the defendant in court;

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. Records of drinking driving under the judgment: Application of criminal records, etc. and one copy of a summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of 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. The Road Traffic Act amended on December 24, 2018, as of December 24, 2018, upon the demand that the punishment for the latest drunk driving should be strengthened for the reason of sentencing under Article 62-2 of the Criminal Act, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if discretionary mitigation is conducted).

Although the defendant had a history of punishment for drunk driving, the risk of the crime of this case, which was conducted under the influence of alcohol level of 0.152% without driver's license, is not substantial.

However, the defendant's mistake is recognized, and in order to have women's friendly districts that can not hold their body under the influence of alcohol are on board.