A defendant shall be punished by imprisonment for not less than one year and six 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 November 28, 2018, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court on November 28, 2018, and a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Ansan District Court on July 17, 2009 and became final and conclusive around that time.

On October 31, 2019, at around 01:06, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.172% without obtaining a driver’s license in a section of about 200 meters from the Suwon-si transfer-dong, Suwon-si to the front road of Suwon-si, Suwon-si transfer-dong, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notice of the results of the drinking driving control and a measuring record;

1. The register of driver's licenses and car cars registration statement;

1. Previous convictions indicated in the judgment: Criminal history records, replys to investigation (A), investigation reports (verification of the same kind of power), -Jawon District Court Decision 2018 Highest 20353, - Mountain village support 2009 Highest 145555 Decided 14555 shall apply;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished by a fine on two occasions or for drinking driving, and the driver’s license was revoked on November 24, 2018 due to drinking driving in 2018.

Nevertheless, it is necessary to impose severe punishment in that a person was engaged in driving under the influence of alcohol without a license, and since June 25, 2019, the penal provision for drunk driving was strengthened, and the defendant was also engaged in driving under the influence of alcohol in this case, even though he was able to easily have access to such circumstances through the media.

However, the defendant recognized the crime of this case and himself.