A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On April 3, 2020, the Defendant was issued a summary order of a fine of KRW 6 million at the Suwon District Court on the ground of a violation of the Road Traffic Act (driving of Drinking).

【Criminal Facts】

On May 31, 2020, at around 23:07, the Defendant driven the E Malaysia in a state of about 500 meters blood alcohol concentration of 0.054% without a driver’s license from around the C Station located in Pyeongtaek-si B to the front road of the same city.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice and driven without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license, report on the circumstance of a driver without a license, investigation report (report on the circumstances of a driver without a license), notification on the control results of a driver with a driver’s license;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of violation on not less than twice the regulations prohibiting the driving of sound signals), subparagraph 1 of Article 152, and Article 43 of the same 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) even though the defendant had been punished for drunk driving in the last year (2020), the punishment for the crime of this case is not weak; (b) however, the fact that the defendant led to confession, reflect, and not to drive drunk driving again; and (c) there are no other criminal records except once a fine due to previous drunk driving; and (d) the previous and previous sentencing factors such as the number of drunk driving and the driving distance of the defendant, the age, character and conduct, circumstances after the crime, family relations, etc. shall be comprehensively considered.