A defendant shall be punished by imprisonment for a term of two years and two 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 January 10, 2018, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the same court on May 23, 2018 to a fine for the same crime, etc. respectively.

On September 13, 2019, the Defendant driven C-II cargo under the influence of alcohol content of 0.245% while under the influence of alcohol, without obtaining a driver’s license in the section of approximately 4km from the area of the electricity transmission to the road in front of the same Gu, where the wife population is in motion, at around 20:19.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation, on-site photographs;

1. The circumstantial statement of the employer-employed driver, investigation report (report on the status of the employer-employed driver), employment report of the employer-employed driver, and output of the results of measurement;

1. Inquiry into the driver's license ledger;

1. Records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and copies 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. 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures is deemed to have a record of driving under drinking, and the defendant, whose driver's license was revoked, once he/she re-licensed or she drives without permission, and the quality of the crime is not weak, and the blood alcohol concentration level due to drinking of this case is very high.

In addition, the Defendant had been punished for non-licensed driving or drunk driving on five occasions, etc., and the Defendant had been punished for two times in 2018 and had not passed two years since he/she was punished for drunk driving on two occasions in 2018, and there is a lot of possibility of criticism.

However, it is against the fact that the defendant is recognized as committing the crime of this case, and the defendant has been punished for the suspension of execution or more.