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

[Criminal Power] On April 10, 2020, the Defendant was issued a summary order of KRW 6 million as a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site Board.

【Criminal Facts】

On July 15, 2020, the Defendant, at around 03:57, driven a Fran vehicle under the influence of alcohol concentration of approximately 0.20% from the section of about 1km from the road in front of the C cafeteria located in B without a driver's license to the latter road of the E elementary school located in D to the same city.

As a result, the Defendant violated Article 44 (2) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice, and at the same time, he/she was driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. The register of driver's licenses for motor vehicles, notification of the control results of drinking driving, inquiry of the control results of drinking driving, and report on the circumstantial statements of drinking drivers;

1. Investigation report (related to the verification of CCTV images for crime prevention);

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) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of violation of the provisions prohibiting driving under the influence of alcohol not less than twice), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of violation without a license

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant under the influence of alcohol around February 2020 is driving around the period of sentencing.

Even though the driver's license has been punished and the driver's license has been revoked, the driver's license was operated without the driver's license.

The Defendant’s blood alcohol concentration at the time of the instant case reaches 0.200% in consideration of the blood alcohol concentration.

However, considering the fact that the defendant's punishment power is one time of the above fine, the age and criminal environment of the defendant, and the crime are committed.