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

On December 31, 2018, the Defendant, at the Seoul Eastern District Court, issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act, and was in violation of the provision on prohibition of driving under the influence of alcohol. On November 27, 2019, the Defendant driven a B-to-purd vehicle while under the influence of alcohol with approximately KRW 0.136% alcohol level without a driver’s license in the vicinity of Gwangjin-gu film company in Seoul Special Metropolitan City on November 27, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the notification of the results of the drinking driving control, and the circumstantial statement of the drinking driver;

1. Registers of driver's licenses;

1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Imprisonment with prison labor for a period of one year to two years;

2. Determination of sentence [Incompetence] On December 31, 2018, a summary order was issued on the part of a drunk driving and the driver’s license was revoked, and the crime of this case was committed at the same time before the lapse of one year, and the drinking water is also considerable, and the responsibility for the crime is heavy, and the possibility of criticism is high.

[Free circumstances] There is no record of criminal punishment except for the same kind of power.

All of the crimes of this case are recognized, and their errors are against themselves.

In addition, all the sentencing conditions shown in the arguments of this case, such as the age, character and conduct, environment, family relationship, circumstances after the crime, etc., are considered comprehensively.