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 February 15, 2007, the Defendant was sentenced to a summary order of two million won by a fine for a violation of the Road Traffic Act, and on September 23, 2009, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act at the Jung-gu District Court on September 23, 2009; on May 6, 2010, the Defendant was sentenced to a fine of two million won by a District Court on May 15, 201; on May 15, 2014, the Defendant was sentenced to a suspended sentence of eight months by imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on May 15, 201, and on September 1, 2017, the Defendant was sentenced to a suspended sentence of one year by imprisonment for a violation of the Road Traffic Act.

On April 19, 2020, the Defendant, without obtaining a driver’s license at around 01:40 on April 19, 2020, driven an Eystex vehicle at approximately KRW 500 meters from the road near the “C” located in the East-gu Seoul Metropolitan City, 0.173% of alcohol level, to the Seoan-gu D.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. On-site photographs;

1. 112 Reporting case handling table; and

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, investigation reports (compact of judgment and summary order), judgment, and application of Acts and subordinate statutes related to 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;

2. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment).

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act;

5. Probation and lecture attendance order under Article 62-2 (1), the main sentence of Article 62-2 (2) of the Criminal Act, and probation;