A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 18, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking) from the Suwon District Court on April 18, 2013.

On June 25, 2020, the Defendant driven D Maz car in the state of alcohol concentration of about 0.140% in the 20km section from Jun. 25, 2020 to the roads located in Ansan-si B from the 20km-si to the front of the Kasung-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

On November 16, 2020, the Defendant driven a Glearning car without obtaining a driver's license from around 7 km from the front road to the front road of Ansan in the case of Ansan-si around 13:00 on November 16, 2020.

Summary of Evidence

Defendant’s legal statement of 2020 order 2016

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions indicated in the judgment: References to inquiries, such as criminal history, investigation report (Attachment to the summary order of the same kind of power),- Summary Order 2020, 2733;

1. Application of Acts and subordinate statutes to the defendant's statutory statement, stateless driving report, and inquiry into the ledger of driver's licenses;

1. Relevant Articles 148-2 (1), 44 (1) (the fact of violating the provisions prohibiting driving of drinking alcohol at least twice), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Act concerning criminal facts, Articles 148-2 (1), 44 (1) (the fact of violating the provisions prohibiting driving of drinking alcohol at least twice), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In addition, even though a person was punished for driving alcohol for reasons of sentencing under Article 62-2 of the Criminal Act, he/she was driving alcohol in this case, the drinking level of drinking alcohol is very high, driving distance is long, and driving without a license during a trial due to drinking alcohol is also long, and the liability for the crime is not somewhat weak.

However, it is against the defendant's mistake, and a fine is imposed once due to the previous drinking driving.