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 May 15, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on April 17, 2020, the Defendant issued a summary order of KRW 10 million for the same crime at the same court.

On August 9, 2020, at around 07:55, the Defendant driven a Fran vehicle without obtaining a driver's license under the influence of alcohol concentration of about 0.145% in the section of approximately 200 meters from C in the front of the city of Osan to E in the front of the city of Osan City.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of the case, and field photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;

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 with regard to the order to provide community service and attend lectures, has a record of driving under drinking, and on March 23, 2020, the Defendant, whose driver’s license was revoked on March 23, 202, is not less than that of a non-license or drinking, but not less than that of a blood alcohol concentration due to drinking in this case.

Since the Defendant was punished as a drunk driving in April 2020 and not later than four months have passed since he was punished as a drunk driving in April 202, the possibility of criticism is not much possible.

However, the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., are shown in the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no other criminal records except three times of fine, and that there is no other criminal records.