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 26, 2012, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on March 26, 2012. On December 9, 2019, the Defendant was sentenced to a fine of KRW 10 million for the same crime in the Sungnam Branch of the Suwon District Court on May 22, 2020.

【Criminal Facts】

Although the Defendant had the history of violating Article 44(1) of the Road Traffic Act, on April 27, 2020, the Defendant, while under the influence of alcohol 0.080% by blood alcohol level around 07:33, 2020, driven a D SP car at the 1km section from the front road of Seongdong-gu, Seongbuk-gu, Sungnam-gu without a vehicle driver’s license to the front road of the same Gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, notification on the control results of drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant was punished for drunk driving, and accordingly, he/she re-driving without a license even though his/her license was revoked.

Considering the fact that the drinking driving force of this case was conducted on November 12, 2019, even though it was conducted by driving under the influence of alcohol on two occasions, it is necessary to punish the Defendant strictly.

However, the defendant shows his attitude to reflect, and is punished in excess of the fine.