A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. The Defendant violates the Immigration Control Act is a foreigner of Chinese nationality.

A foreigner may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Nevertheless, on May 7, 2016, the Defendant entered Jeju-do with the status of stay B-2 (tourism) around May 7, 2016 and stayed in the Republic of Korea until November 22, 2020 without obtaining permission for extension despite the expiration of the period of stay on June 6, 2016.

Accordingly, the defendant exceeded the period of stay and stayed in Korea.

2. The defendant is a driver of the BM5 vehicle in violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving).

On November 22, 2020, the Defendant, without a driver’s license, driven the said vehicle under the influence of alcohol content of about 0.060% from a section of approximately 4.3km from the road near the D Hospital located in Jeju to the road front of the Jeju E hotel in Jeju, to the road.

3. On November 22, 2020, the Defendant, at around 21:15, presented the Defendant’s resident registration certificate, which was a public document under the name of the Suwon-do Suwon Market, and presented it to the Defendant’s resident registration certificate as if the Defendant was the Defendant’s resident registration certificate. On November 22, 2020, the Defendant denied the official document by presenting the Defendant’s resident registration certificate, which was a public document under the name of the head of the Gyeonggi-do Suwon City, when he was required to produce an identification card to regulate drinking, as stated in the preceding paragraph,

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of detection of any violation of traffic laws on roads, notification of detection of any violation of traffic laws on roads, reporting on the situation of any driver employed at driving, investigation report (report on the situation of any driver employed at driving), detection report of any driver employed at driving, related photographs, ledger of driver's license of any motor vehicle, copy of any resident registration certificate under H, internal investigation report (related to resident registration certificates), inquiry into the status of entry or departure of any suspect, accusation, investigation report

1. Article 94 Subparag. 7 of the Immigration Control Act and Article 17(1) of the Immigration Control Act (the duration of stay and the status of stay) and the former Road Traffic Act (Act No. 976, Jun. 9, 2020) concerning criminal facts.