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 April 6, 2007, the Defendant was sentenced to a summary order of KRW 2 million by a fine of KRW 5 million by a violation of the Road Traffic Act at the Suwon District Court on May 28, 2014, a summary order of KRW 5 million by a fine of KRW 5 million by a violation of the Road Traffic Act at the Suwon District Court on May 28, 201, and on November 14, 2017, by the Suwon District Court on November 14, 2017, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act.

Nevertheless, at around 23:10 on March 9, 2020, the Defendant, without a car driver’s license, driven an ETB car at the section of 1.5 km up to D in front of the G cafeteria located in the G cafeteria, in the state of 0.158% alcohol concentration without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, summary orders of the Suwon District Court 2007 High Court 2007 High Court 2755, summary orders of the Suwon District Court 2014 High Court 2014 High Court 6755 and summary orders of the Suwon District Court 2017 High Court 6038 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant had been subject to punishment once a suspended sentence due to drinking driving, etc., but was making a drinking without obtaining a license.

Blood alcohol concentration is high, and traffic accidents have occurred.

However, the defendant, such as the fact that the defendant is recognized as committing a crime and is against the truth, that only minor physical damage caused by a traffic accident has been recovered, that there is no other criminal record except for drinking, that is not a crime during the period of suspension of execution, support for family members, and that family members and supporters want to take the preference of the defendant.