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

【Criminal Power】 On August 25, 2016, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act from the Daejeon District Court’s Branch on August 25, 2016, and received a summary order of KRW 5 million for a violation of the Road Traffic Act from the Daejeon District Court’s Branch on May 17, 2018 and received a fine of KRW 5 million for a violation of the Road Traffic Act, respectively.

【Criminal Facts】 On April 1, 2020, at around 21:50, the Defendant driven a motor vehicle of e-mail without a driver’s license at least twice, while driving a motor vehicle of 0.122% of blood alcohol in the section of about 10km from the front of the C cafeteria located in ASEAN-si, ASEAN-gu, Yancheon-si to the parking lot of D Apartment-gu, Yancheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on the statement of the situation of a drinking driver, investigation report, notification of the results of the control of drinking driving, copy of the ledger of use of a drinking measuring instrument, and a copy of the notice of completion of correction;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes concerning summary order;

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. 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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: (a) Defendant’s mistake and reflects all of the grounds for sentencing; and (b) Defendant again commits each of the instant crimes despite the fact that he/she was punished twice for the same kind of crime; (c) the blood alcohol concentration and driving distance of the instant case; and (d) Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) other factors of sentencing as indicated in the argument of the instant case, such as the circumstances after the crime