A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on May 24, 2013, and a fine of KRW 3 million for the same crime in the same court on January 18, 2019, respectively.

At around 01:50 on January 2, 2020, the Defendant driven an E X-ray vehicle with a blood alcohol concentration of 0.121% without a car driver’s license from around 600 meters to around the same city C and D from the front road of the land in Ischeon-si, Gyeonggi-do.

As a result, the Defendant again driven the said car under the influence of alcohol in violation of the prohibition of drunk driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. The report on each traffic accident, on-site inspection, and photographs;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: An inquiry letter and application of each summary order Acts and subordinate statutes;

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. 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 on probation and order to attend a lecture was that the Defendant once again driven without drinking alcohol despite the two times of driving alcohol, and the degree of blood alcohol concentration at the time was significantly high.

However, the defendant's drinking distance is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.