A defendant shall be punished by imprisonment for a term of one year and four 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

[criminal power] On March 16, 2012, the Defendant received a summary order of KRW 1,50,000,000 from the Suwon District Court as a crime of violation of the Road Traffic Act (driving) from the Suwon District Court on March 16, 2012, and received a summary order of KRW 4,50,000 as a fine at the Suwon District Court on March 13, 2013.

【Criminal Facts】

On September 7, 2020, around 01:39, the Defendant driven D SP car while under the influence of alcohol 0.130% of alcohol level without obtaining a driver’s license in approximately 30km section from the front of the wife B to the front of the wife C in Yong-si. The Defendant driven D SP car while under the influence of alcohol 0.130%.

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 of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspects' records of drinking driving);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant was sentenced to a fine twice due to drunk driving, but was engaged in drinking without permission at the same time, and the blood alcohol concentration level at the time was considerably high. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not weak.

However, taking into account the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the above previous one, and the fact that the accident does not lead to the accident, taking into account other factors such as the defendant's age, attitude, environment, developments and distance, and circumstances after the crime, etc., the various sentencing conditions as shown in the records and arguments are considered.