A defendant shall be punished by imprisonment for not less than one year and six 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 December 26, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the same court on September 26, 2016 to a fine of KRW 2 million for the same crime.

【Criminal Facts】

1. On June 19, 2020, the Defendant driven CK7 cars under the influence of alcohol with a blood alcohol concentration of 0.063% from the 5km section from the 01:15, the 01st, Suwon-si, Suwon-si, Suwon-si, to the roads in front of the Suwon-si, Suwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Road Traffic Act (free license) driving of the said car at the same time and at the same place without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a de facto driver (blood collection result);

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same criminal records as a suspect), and application of summary order-related 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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the sentence of the same sentence as the order shall be imposed by comprehensively taking account of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., and the execution of the sentence shall be suspended, and orders to attend each community service and compliance driving lecture in order to grant the reflective time and opening time through treatment within society.

Unfavorable circumstances - The defendant has already been punished by a fine for two times or for drinking driving.