A defendant shall be punished by imprisonment for one year.

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 June 5, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, etc. from the Suwon District Court's Ansan Branch on October 25, 2013, and received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on October 25, 2013, and on October 11, 2018, at the Incheon District Court's Incheon District Court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving).

Although the Defendant violated Article 44(1) of the Road Traffic Act three times as stated in the above criminal records, on April 2, 2020, at around 00:14, the Defendant operated a cafeteria with the mutual influence in B Station B Station B from approximately 150 meters to the front road in the city of Silung-si, the Defendant violated Article 44(1) of the Road Traffic Act by driving a DNA-learning car with the blood alcohol concentration of at least 0.078% without a vehicle driver’s license on at least two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry report on the control of drinking driving, and drinking-free personnel;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. Suspension of execution of a punishment under Article 62 (1) of the Criminal Act (Suspension of execution of a punishment at a level that provides an opportunity for the last time in consideration of the fact that there is no past record of punishment exceeding a fine and that there is a reflective nature);

1. An order to provide community service and to attend a compliance lecture under Article 62-2 of the Criminal Act;