A defendant shall be punished by imprisonment for not less than nine months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

On February 22, 2016, the Defendant issued, at the Changwon District Court, a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and on April 10, 2017, a summary order of KRW 3 million for the same crime at the same court.

Although the Defendant had been punished twice or more due to drinking driving as above, the Defendant, while under the influence of alcohol content of around 23:50 on March 25, 2018 at around 0.072% of alcohol level, driving a car with 1 km-ro B in the brea-dong in Changwon-si, Changwon-si, a car with two km until the front road of the 2nd road of the same Kupo-dong on the front side of the driving.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without a driver’s license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses have the record of being punished by a fine for a violation of traffic laws on roads or a violation of traffic laws on roads at least four occasions.

Among them, the defendant is a crime of violating the Road Traffic Act only in the year of 2017.