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 June 4, 2018, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch, and a summary order of KRW 4 million for the same crime at the same court on June 17, 2019, respectively.

【Criminal Facts】

Although the Defendant had the record of violating the alcohol driving, on September 10, 2019, at around 00:28, the Defendant driven Bpd vehicles with the blood alcohol concentration of 0.075% while under the influence of alcohol, without obtaining a driver’s license in approximately 3km section from the front of the restaurant located in the new road located in Ansan-si, Ansan-si to the front road of the water resources construction site located in the Sinsi-si, Sinsi-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Paper of measurement records;

1. Previous convictions in judgment: Criminal history records, and other inquiry circulars, report on the previous disposition, results of confirmation, and application of Acts and subordinate statutes governing a summary order;

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 in the suspension of execution (including cases of absence of force exceeding the fine);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;