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

On December 14, 2018, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on December 14, 2018.

On November 21, 2019, around 01:10, the Defendant driven an E-to-purd motor vehicle under the influence of alcohol concentration of about 0.125% without a vehicle driver's license from the front of the C convenience store located in Soyang-gu, Soyang-si B to the front road of the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. A survey report on actual condition, results of the control of drinking driving, and the register of driver's licenses of motor vehicles;

1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes of a summary order;

1. Article 148-2 (1), Article 44 (1) (the point of a sound driving), subparagraph 1 of Article 152, or Article 43 of the Criminal Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. Circumstances unfavorable to the defendant for sentencing under Article 62-2 of the Criminal Act: The amended Road Traffic Act, on December 24, 2018, strengthens the punishment to impose imprisonment for not less than two years but not more than five years (not less than one year and not more than two years and not more than six months even if mitigation is made) when selecting a person who has driven under the influence of alcohol at least twice.

Since one year has not passed since a fine was imposed due to the previous drinking driving, the driver's license was revoked and the driver's license was revoked again.

Circumstances favorable to the accused: There shall be no criminal records exceeding fines.

All of the crimes of this case are recognized and reflected.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.