The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for three years from the date of the final judgment.

Criminal facts

[criminal history] On March 5, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on April 7, 2017, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving), and on June 16, 2017, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On November 21, 2020, the Defendant driven an Eststren vehicle under the influence of alcohol level of about 0.129% without obtaining a driver's license from the front of the “C” restaurant parking lot located in Chungcheongnam-si B to the front road of Chungcheongnam-si, Chungcheongnam-si, the Defendant driven an Eststren vehicle under the influence of alcohol level of about 676 meters from the front of the “C” restaurant parking lot to the front road of Chungcheong-si.

As a result, the Defendant was driving a motor vehicle in violation of the prohibition of drinking regulations not less than twice, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Investigation report on the circumstances of the driver who is to make a statement by the defendant before the court (report on the circumstances of the driver who is to be placed in the main place) and notification on the results of regulating the driving of drinking, and report on the inside of the driver's license register of the

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020; hereinafter “former Road Traffic Act”) on criminal facts; Articles 152 subparag. 1 and 43 of the former Road Traffic Act (Unlicensed Driving)

1. Selection of imprisonment with prison labor at the option of a sentence provided for in Articles 40 and 50 of the Criminal Act [the punishment provided for a crime of violating the Road Traffic Act with heavier punishment];

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for the crime of sentencing under Article 62-2 of the Criminal Act, the circumstances leading up to the crime, the degree of driving at the time, and the fact that the accident was incurred while driving an unlicensed drinking.