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 April 10, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on April 10, 2009, and was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on July 30, 2015.

On January 26, 2020, at around 03:30, the Defendant driven a DK 3 car under the influence of alcohol leveling of 0.183% without obtaining a driver’s license from the front of Cmatet located in Kimhae-si, Kim Jong-si to the front road of the Pmatet located in Seongbuk-gu, Changwon-si, Sungwon-si, Sungwon-si, and without obtaining a driver’s license from around 10km.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements, report on the state of drinking drivers, notification on the control of drinking driving, and license ledger; and

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) (two times or more) of the Road Traffic Act concerning facts constituting a crime, the choice of punishment, and the subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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. Considering the fact that the defendant is under probation, community service, and repeated drinking, driving tendency, and mental therapy of the defendant, it is recognized that the defendant needs to receive commuting treatment because of high risk of recidivism as a person with habiting alcohol.

Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act (the order to verify alcoholic content and to obtain necessary medical treatment) shall be ruled as above.