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

Punishment of the crime

On June 9, 2015, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court to a fine of KRW 5 million for a violation of the Road Traffic Act. On May 13, 2019, the Defendant received a summary order of KRW 7 million from the Suwon District Court’s Ansan Branch to a fine of KRW 5 million for the same crime.

On January 31, 2020, the Defendant, at around 01:00, violated the prohibition of drinking driving twice or more by driving a Cerc-cr cruise car while under the influence of alcohol 0.181% without a driver’s license in the 10km section from the roads in Yeonsu-gu Incheon Metropolitan City Songdo to the Sinsi apartment road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving without a license, report on the situation of a driver with a driving without a license, notification and output of the results of the drinking control, and the register of driver's licenses

1. Previous records of judgment: The application of criminal records, repeated statements, and 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 an alternative imprisonment with prison labor (it shall be considered that two times the same kind of punishment are applied, and that the punishment is not imposed, and that the punishment is repeated only in several months, and that the punishment is high);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is no power to punish any fine other than twice due to running a sound driving);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;