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

On July 23, 2010, the Defendant issued, at the Suwon District Court, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act, a fine of KRW 5 million for the same crime at the same court on September 19, 2012, and a summary order of KRW 5 million for the same crime at the same court on April 26, 2017, respectively, and became final and conclusive around that time.

On September 25, 2019, at around 10:13, the Defendant driven a C-car at approximately 6 km section from the Gambon-si, Gyeonggi-si, Gyeonggi-do, with a blood alcohol concentration of 0.118% without a driver’s license, from the Gambon-si to the front road B in Young-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver without a license, and report on the situation of a driver without a license;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports (A), the previous records, and summary order three copies of the relevant 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. Article 62 (1) of the Criminal Act;

1. The Defendant was punished by a fine for drinking driving in 2010, 2012, and 2017, and the driver’s license was revoked on May 3, 2017.

Nevertheless, there is a need for severe punishment in that the Defendant was engaged in driving under the influence of alcohol in this case, even though he was able to easily understand the above circumstances through the media, etc. from June 25, 2019, and the penal provision for drinking under the influence of alcohol was strengthened.

However, there are many kinds of conditions for sentencing as shown in the records, such as the defendant's age, character and conduct, and environment, that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment more than a suspended sentence, and that there is no record of punishment.