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 August 6, 2015, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act from the Suwon District Court on August 6, 2015, and was sentenced to a fine of KRW 6 million in the same court on February 12, 2019.

On November 2, 2019, at around 21:54, the Defendant driven an Epoter-II cargo vehicle under the influence of alcohol leveling 0.202% of alcohol level without obtaining a driver's license from the front of a cafeteria located in Suwon-si B to D located in the same Gu C at approximately 200 meters.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, a report on the circumstances of a drinking driver, an investigation report, a report on the results of the control of drinking driving and a notice on the results of measurement of drinking alcohol;

1. Registers of driver's licenses;

1. CCTV-cap photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment or imprisonment with prison labor;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, was sentenced to a fine on February 12, 2019, as stated in its reasoning. Accordingly, the crime of this case committed under the influence of alcohol again after the lapse of nine months after the revocation of the driver’s license. The Defendant’s blood alcohol concentration at the time of the crime of this case was high.