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

Punishment of the crime

[criminal power] On June 7, 2018, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.

【Criminal Facts】

Although the Defendant had a record of driving under the influence of alcohol as above, at around 23:29 on May 18, 2020, the Defendant driven DG80 cars from the front side of the influent City B to the front road of the first floor parking lot in the same city as DG80 meters, under the influence of alcohol level of 0.093% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of licenses to report the results of the drinking driving control, and to report the state of driving without licenses;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of Part II of 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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he had been punished twice due to drinking driving, etc., such as the following: (a) the reason for the sentence of punishment under Article 62-2 of the Act on the Order of Community Service and Order to Attend the lecture is an offense in which not only his own but also another person’s life

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and there is no same punishment power exceeding the fine, and the driving distance of the defendant was relatively short, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and the execution of the punishment shall be suspended only once.