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 September 21, 2009, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on January 25, 2018, a summary order of KRW 3,00,000 for the same crime from the Busan District Court Seo branch branch.

On March 31, 2019, at around 00:21, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol content of 0.077% while under the influence of alcohol without a vehicle driver’s license, from the parking lot near C Bank in Changwon-si, C Bank B to the front road of the E elementary school in D.

As a result, the Defendant, who violated the regulations on prohibition of drunk driving at least twice, once again driven a motor vehicle while driving the motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order by two-yearly Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the probation, order to attend a lecture, or order to attend a community service order, was the previous conviction of a fine due to drinking driving twice as seen earlier, and in particular, the license was revoked due to drinking driving in 2017, and the quality of the crime is not weak because the license was revoked.

Before the two times, the blood alcohol concentration exceeds 0.1%.

However, the defendant reflects on the crime.

The blood alcohol concentration of drinking driving is relatively high.

The defendant is not only a drunk driving but also a crime.