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

On December 19, 2011, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating road traffic law (drinking driving) in the Daejeon District Court's Branch of the Daejeon District Court.

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking) as above, on August 8, 2020, the Defendant driven a FSP car under the influence of alcohol content of about 0.338% while under the influence of alcohol without obtaining a driver’s license from the front side of the C cafeteria located in the ASEAN-si B to the front side of the E cafeteria located in the ASEAN-si, ASEAN-si.

As a result, the Defendant violated the regulations prohibiting driving of drinking at least twice, and at the same time, operated the said car without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Giving a statement on the circumstances of a driver driving a drinking, giving a notice of the results of regulating the driving of drinking, a copy of the register of measuring instruments for drinking, and inquiry into the results of regulating

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history, reporting of the previous convictions of the disposition and reporting of the results thereof, and applying statutes to summary orders (No. 11, 14, 15 of evidence);

1. Articles 148-2 (1), 44 (1), and 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, such as protection and observation, community service order and order to attend a lecture, and the defendant committed the crime of violating the Road Traffic Act again despite the fact that the defendant was punished twice by a fine due to the same kind of crime, and the defendant committed the crime of violating the Road Traffic Act again. The degree of alcohol content and driving distance in the blood of this case, the background of driving without the license of this case, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, and other various sentencing conditions specified in the arguments of this case shall be determined as ordered by the order.