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

[criminal history] On January 19, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Suwon Friwon, and on May 22, 2019, the Defendant received a summary order of KRW 5 million for the same crime at the same court.

[Criminal facts]

1. Around 00:40 on September 5, 2020, the Defendant was driving a BN-si car under the influence of alcohol level of approximately 0.068% in the section of approximately 40km from the IC to the road in front of the tunnel of the Dong-gu, Suwon-si, Suwon-si, the Suwon-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the said car without obtaining a driver’s license at the same time and place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver employed in the main place, investigation report (report on the circumstances of the driver employed in the main place), and the register of driver's licenses where alcohol concentration in the blood is recorded;

1. Previous conviction: Application of inquiries about criminal history and of summary order by five copies of the relevant Acts and subordinate statutes;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant committed each of the instant crimes within a short time, even though he/she was subject to criminal punishment due to drinking and driving without a license.

The punishment and repeated crimes of the same kind are committed several times, and the spirit of compliance or safety awareness of traffic laws and regulations seems to be imminent, and thus, the risk to citizens is considered.