A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On June 5, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court’s House on the part of the Defendant.

[2] On October 28, 2020, the Defendant driven a e-motor vehicle under the influence of alcohol leveling 0.104% without a driver's license from around 03:35 to around D in the same city from around 03:35 to around D in the same city.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and not less than once driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is to take the driving, report the situation of the driver who is to take the driving, report the situation of the driver without a license, report the results of regulating the driving of drinking, and the

1. Previous convictions: Application of an inquiry letter, such as criminal history, investigation report ( drinking and confirmation before driving without a license) and other Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1) (the fact of violation on not less than two occasions of the Regulations on Prohibition from Driving Drinking) and Article 152 subparagraph 1 and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account various sentencing factors, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., including the confession of the reason for sentencing under Article 62-2 of the Criminal Act, the drinking volume is considerably high, the driving distance is considerably high, and three times prior to the fine for driving without a license.