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

[Criminal Power] On March 19, 2018, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court on March 19, 2018. On September 3, 2019, the Defendant was sentenced to a fine of KRW 4 million as the same crime in the same court.

【Criminal Facts】

On March 8, 2020, at around 06:17, the Defendant driven a d bargaining vehicle under the influence of alcohol level of 0.139% without obtaining a driver’s license from the 1km section from the roads near Suwon-si, Suwon-si, to the 220-dong-si road in front of the sphere of 220 meters.

As a result, the Defendant violated the Road Traffic Act not less than twice the prohibition of drinking or refusing to measure drinking, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of records of drinking alcohol measurement, results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Registers of driver's licenses;

1. Photographs taken at the control place; and

1. Previous records of judgment: Criminal records, etc. inquiry reports, summary orders, and application of each one copy of judgment; and

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment or imprisonment with prison labor;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeatedly made for the reason for sentencing);

1. The Defendant committed the instant crime under the influence of alcohol even though he/she had been subject to punishment twice due to drinking driving as stated in its reasoning and his/her license was revoked due to the reason for sentencing of Article 62-2 of the Act on the Order of Community Service and Order to Attend Education, and it can be considered that the Defendant committed the instant crime.