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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 6, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and on December 28, 2010, the same court issued a summary order of KRW 2.5 million as a crime of the same crime, and on January 21, 2019, issued a summary order of KRW 5 million as a fine in the Suwon District Court's Ansan Branch.

On September 6, 2020, the Defendant driven B-low-income vehicle under the influence of alcohol content 0.113% under the influence of alcohol without obtaining a driver’s license from approximately 8km section from the front of a cafeteria in the mutual influence-dong, Chungcheongnam-si, Namyang-si to the Goyang-si, Chungcheongnam-si, 684.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Register of suspect's driver's licenses;

1. Previous convictions in judgment: Investigation report (Attachment of confirmation of the same kind of suspect's power) and application of each one of the summary order Acts and subordinate statutes;

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

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

1. It is advantageous to the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture recognized his mistake and reflects the defendant's wrongness, the fact that the defendant left the crime of this case even though he had been punished several times as the same kind of crime, the distance of drinking driving is long, and the degree of blood alcohol alcohol level is high shall be considered under the unfavorable circumstances, and the records are recorded, such as the defendant's age, character and behavior, environment, and circumstances after the crime