A defendant shall be punished by imprisonment for a term of one year and four months.

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

[Criminal Power] On December 10, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 6, 2019, at around 03:46, the Defendant driven an E K7 vehicle while under the influence of alcohol with a blood alcohol concentration of 0.246% without obtaining a driving license from around 50 meters from the front of the road in Seongbuk-gu, Seongbuk-si, Sungnam-si, to the front of the Dance.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.

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. On-site photographs and facts of the result of drinking measurement;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, and subparagraphs 1 and 43 of Article 152 of the same Act concerning the 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. The reason for sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a very high-risk crime that may infringe on the life and property of others as well as the person concerned.

The blood alcohol concentration in the instant case is very high, and the Defendant came to drive under the influence of alcohol in the state without a license, and the possibility of criticism is very high in that the Defendant re-offending the instant case since one year has not passed since criminal punishment of a fine was imposed due to a drunk driving.

However, the Defendant recognized the facts charged in the instant case, and stated that the Defendant would not drive under the influence of alcohol again due to disposal of the vehicle, treatment of alcohol dependence, etc.