A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On January 24, 2007, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Busan District Court, and a summary order of KRW 5 million for the same crime at the Seoul Northern District Court on September 2, 2013, respectively. On February 21, 2018, the Defendant was sentenced to a fine of KRW 10 million for the same crime.

On October 2, 2018, the Defendant, at around 07:17, driven a motor vehicle in the direction of approximately 3.3 km from the street in front of the “C” located in Yangyang-si to the roads of D apartment EM at the same time, without obtaining a driver’s license. The Defendant driven a motor vehicle in Fent typ, while under the influence of alcohol with a blood alcohol concentration of about 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant repeats his/her drinking driving even though he/she has been punished three times or more due to drinking driving, as stated in the facts constituting the crime in the judgment of the court.

Finally, it was not only one year but also one year since it was sentenced to a fine, and it was re-offending as in this case.

The defendant alleged that he had been under drinking so as to secure the vehicle as security against the debtor, but such circumstance does not mean that it can justify the driving under drinking.

At the time, blood alcohol concentration is also high.

. Other.