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 March 5, 2019, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and has three times the records of punishment for drunk driving.

Nevertheless, at around 05:55 on May 28, 2020, the Defendant was under the influence of alcohol with a blood alcohol level of 0.077% without obtaining a driver’s license on May 28, 2020, and again drive a mati vehicle at F.C by going through the front of the “E” located in D in Suwon-si B, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and copies of each summary order;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture has reached three times since 2010, which was subject to criminal punishment due to drinking driving or refusal of drinking alcohol measurement, and even though it was possible to have a previous record of traffic without a license, the Defendant was driving the instant case without a license, and the blood alcohol concentration level at the time of the instant case was not lowered.

Since punishment is repeated in the same kind of crime without being familiar with each other, it is necessary to strictly punish the traffic offense in consideration of the spirit of compliance or safety awareness about traffic offense and the risk of drinking driving that may bring about the result of participation.

However, considering the fact that the defendant confessions and reflects, and that the accident does not lead to the accident, the age, attitudes, environment, driving circumstances, and distance of the defendant.