A defendant shall be punished by imprisonment for a term of one year and ten 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 February 15, 2014, the Defendant issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act at the Suwon District Court’s Pyeongtaek site, and on January 30, 2019, the Defendant issued a summary order of KRW 5 million for the same crime at the same court.

On June 6, 2020, at around 21:39, the Defendant driven a Fusst car under the influence of alcohol content 0.172% while under the influence of alcohol, without obtaining a driver’s license in approximately 500 meters from the front of the “C” road in Osan-si B to the front of the “E” road in Osan-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the current state of driving without a license, and report on the current state of driving without a license;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers, etc. of driver's licenses;

1. Records of judgment: Application of Acts and subordinate statutes to a statement on criminal records, etc., each disposition not yet and a report on the results of confirmation (Attachment to 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is deemed to have a record of driving under drinking, and the Defendant, whose driver’s license was revoked on November 28, 2018, without permission or driving under the influence of alcohol, and the nature of the crime is not somewhat weak, and the numerical value of blood alcohol concentration due to drinking of this case is high.

Since the Defendant was punished for a drunk driving on January 2019, the Defendant committed the instant crime again in approximately one year and five months after he/she was punished for a drunk driving on around one year and five months, there is a lot of possibility of criticism.

However, it is against the fact that the defendant is recognized as committing the crime in this case, there is no record that the defendant has been punished for the suspension of execution or more yet, and the age, character, character, environment and crime of the defendant.