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

On October 2, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on October 2, 2013, and on December 7, 2017, the same court received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 23:50 on June 26, 2020, the Defendant driven D-Wz vehicles from approximately 40 meters from the front side of Ansan-gu, Ansan-gu, B to the front road of the same C apartment, while under the influence of alcohol by 0.12% of blood alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

On October 2, 2013, the Defendant received a summary order of KRW 1,500,000,000 as fine for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on October 2, 2013, and on December 7, 2017, the same court received a summary order of KRW 4 million as fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 23, 2020, the Defendant was under the influence of alcohol 0.159% without obtaining a driver’s license at around 02:39 on August 23, 2020, and the Defendant was driving D E220 bents at the section of approximately 2.5 km from the vicinity of the members of Ansan-si to the vicinity of the Macdong-ro 78 NAodong-ro 6 complex.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and operated without obtaining a driver's license.

Summary of Evidence

[200 Highest 2818]

1. Defendant’s legal statement, state-finding report, circumstantial statement, investigation report, response to requests for appraisal, and expert report [20 senior 3644];

1. Report on the occurrence of the defendant's legal statement, report on the situation of his driving, notification of the results of the crackdown on drinking driving, and the register of driver's license for on-site photographic motor vehicle;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. To drive under the influence of alcohol under Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime in question; and