A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On January 18, 2011, the Defendant was issued a summary order of KRW 2 million on September 12, 201, by a fine of KRW 100,000,000 from the Jeju District Court as a crime of violation of road traffic law (drinking) at the Gangnam Branch Branch Branch of the Chuncheon District Court, and on September 12, 2017, a summary order of KRW 3 million was issued by the Jeju District Court as an identical crime.

[Criminal facts] On October 1, 2020, the Defendant driven a D-free car without a driver's license while under the influence of alcohol leveling about 0.164% from the section of approximately 995 meters from March 1, 202 to C and the front road.

As a result, the Defendant violated the prohibition on drinking at least twice, and simultaneously driven without obtaining a driver's license.

around 01:00 on October 1, 2020, the Defendant: (a) discovered a diver sub-car owned by the victim E, which was not corrected in B in front of C, and (b) opened a door and opened a car to drive seat, and moved approximately 95 meters from the door to C in front of C, using a car in the vehicle.

Accordingly, the defendant used the victim's automobile temporarily without the victim's consent.

Summary of Evidence

【2020 Highest 1034】

1. Statement by the defendant in court;

1. A survey report on actual condition, on-site map, and an accident scene photograph;

1. A written inquiry into the ledger of driver's licenses;

1. The defendant's legal statement, the fact-finding survey report, the field photograph of the traffic accident, and the field map of the traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the summary order of the same kind of power), and a summary order "20 Gohap 1077";

1. Application of Acts and subordinate statutes to report internal investigation (the distance between the operation of the victim's vehicle) by internal investigation (the on-site conditions and internal investigation of the victim, such as the suspect, etc.) by the defendant's legal statement E and on-site photographs of the list of seizure records;

1. Article 148-2(1) and Article 44(1) of the Traffic Act concerning facts constituting an offense (the point of drinking) of the relevant Act;