A defendant shall be punished by imprisonment for not less than one year and six months.

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 March 21, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court’s Eunpyeong Site as a matter of violation of the Road Traffic Act. On January 10, 2020, the Defendant received a summary order of KRW 10,000,000 as a fine for the same crime in the same court.

On April 11, 2020, at around 21:35, the Defendant driven “C cafeteria” parking lot located in Ansan-si B from approximately 50 meters to D, while under the influence of alcohol concentration of 0.135% without a car driver’s license, the Defendant driven the E-Poter two cargo vehicles without a car driver’s license.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on the same criminal records and accompanying materials;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. shall be determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including probation, community service order, and lecture order, the age, character and conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, and circumstances

Unfavorable circumstances: A person who has already been sentenced to a fine two times or more due to drunk driving, and in particular, a person who has been served with a summary order of KRW 10 million due to the second drunk driving and has been driving in the state of drinking or non-licensed condition at the time when three months have not passed.