A defendant shall be punished by imprisonment for a term of one year and two months.

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

[criminal power] On January 27, 2015, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) from the Innju branch of the Suwon District Court on January 27, 2015, and a fine of KRW 3 million for the same crime, etc. on April 1, 2019.

【Criminal Facts】

Although the Defendant had a punishment force twice as above, on July 5, 2020, at around 20:21, the Defendant driven the BMW car without a driver’s license while under the influence of alcohol level of 0.150%, and proceeded with approximately 60km from the day of Sungnam-si to the underground parking lot of Pyeongtaek-si apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses, such as report on the circumstances of the drinking driver, report on the circumstances of the drinking driver, etc.;

1. Previous records: A inquiry inquiry report including criminal records, etc., each disposition failure, reporting on results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was punished twice by a fine (2015, 2019) due to drunk driving, and the Defendant was engaged in the instant drunk driving and driving without a license.

The level of drinking alcohol driving is very high, and the driving distance is extremely high.

The liability for the crime is not easy.

However, the court shall take into account the circumstances favorable to the defendant, such as the fact that the defendant is led to confession, reflect, and refrain from driving under the influence of alcohol, the fact that there is no record of punishment exceeding the fine, etc., and shall determine the punishment as ordered by the order, comprehensively taking into account various factors of sentencing, such as the level of drinking alcohol of the defendant, age, character and behavior, environment, circumstances after the crime, family relationship, etc.