A defendant shall be punished by imprisonment for a term of one year and three 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

On January 29, 2010, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Suwon District Court on January 29, 201, and on October 17, 2018, the same court issued a summary order of KRW 5 million to a fine for the same crime.

Nevertheless, at around 23:40 on September 18, 2019, the Defendant, without a driver’s license, driven an Ethbalian car at a section of approximately 500 meters from the D kindergarten located in E in E in E in E in a ethal city with a 0.068% alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of control of drinking practice;

1. Registers of driver's licenses;

1. Records before judgment: Application of Acts and subordinate statutes of criminal records, etc. inquiry report (A), Suwon District Court 2009 High Court Decision 41823 High Court Order, Suwon District Court 2018 High Court Decision 15811 High Court 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 The Defendant was punished by a fine for drunk driving in 2010 and 2018, and the driver’s license was revoked on September 15, 2018.

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.