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

[criminal power] On February 7, 2018, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving). On December 19, 2018, the Defendant received a summary order of KRW 3 million from the same court due to a violation of the Road Traffic Act (driving).

The Defendant, even though he violated the prohibition of drinking driving as above, was driving a DNA car under the influence of alcohol with approximately 1k alcohol level of 0.156% without obtaining a driver's license in the section of about 1km from the parking lot C located in Suwon-si, Suwon-si, Suwon-si, to the vicinity of the gambling axis center located in the Dong-gu, Young-gu, Simpo-si.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and conducted a drunk driving at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Records of the measurement of drinking alcohol and reports on drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, investigation reports (verification of the same record as a suspect), - Copies of the High Court Decision 2013 High Court Decision 2013 High Court Decision 16029, - Copies of High Court Decision 2018 High Court Decision 2018 High Court Decision 854, - Copies of the Acts and subordinate statutes applicable;

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 reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture was two times for drinking driving in 2018, and two times for driving without license in 2013 and 2018, and the driver’s license was revoked on January 26, 2018 due to drinking driving.

Nevertheless, the punishment for drinking driving has been strengthened since June 25, 2019, and the defendant also has the press.