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

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 June 24, 2011, the Defendant received a summary order of KRW 5 million from the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On 17:50 on 15, 2020, the Defendant driven a DSS5 car under the influence of alcohol level of 0.161% without obtaining a driver's license in a section of about 1m in the street near Pyeongtaek-si B, and without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, etc. and investigation reports (Attachment to a summary order of the same kind of power),- Application of Acts and subordinate statutes governing summary orders;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.

The favorable sentencing factors reflects their mistakes.

There is no record of punishment exceeding a fine.

Disadvantageous sentencing factors: One time of a fine due to drunk driving, injury caused by dangerous driving, and unlicensed driving, and two times of a fine due to non-licensed driving, which have been punished, but the driving and non-licensed driving have also been conducted.

The drinking alcohol level of drinking driving is considerably high.

The drinking driving caused a traffic accident.

(However, there has occurred only physical damage, but not been prosecuted by motor vehicle comprehensive insurance policy and agreement).