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 September 9, 2015, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Suwon District Court, and on October 24, 2019, the Defendant was sentenced to a fine of KRW 8 million for the same crime at the Suwon District Court.

Nevertheless, at around 18:45 on February 1, 2020, the Defendant, without a car driver’s license, driven an E business car at approximately KRW 700 meters in front of the D restaurant located in C in the same city as in front of the D restaurant located in the B Station in the same city as in front of the D restaurant located in the B Station, in the state of being drunk with a blood alcohol concentration of 0.183%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before and after judgments: Criminal records, replys to criminal records, Suwon District Court Decision 2015 High Court Decision 15839, summary orders, and application of Acts and subordinate statutes of the Suwon District Court Decision 2019 High Court Decision 3871;

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. Article 62 (1) of the Criminal Act;

1. The Defendant was punished by a fine for drunk driving in 2015 and 2019, and the driver’s license was revoked on August 18, 2019.

Nevertheless, there is a need to impose severe punishment in that he/she was engaged in driving under the influence of alcohol in another state without a license, and since June 25, 2019, the penal provision for drunk driving has been strengthened, and the defendant was also engaged in driving under the influence of alcohol in the media, etc., even though he/she could easily have access to such circumstances.

However, various circumstances such as the defendant's recognition of the crime of this case and his mistake are divided, the defendant has no record of punishment more than a suspended sentence, and the defendant's age, character and conduct, and environment are the conditions of sentencing as shown in the records.