A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On August 21, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving), KRW 2 million on April 9, 2012, and a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) in the same court on May 30, 2014. On July 18, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act (drinking driving) by the same court.

On July 5, 2020, around 21:50, the Defendant driven a E-benz car without a vehicle driver's license in a section of about 2 km from the Do in front of the Seoul Special Metropolitan City, Seoul Special Metropolitan City C to the front road of Songpa-gu Seoul Special Metropolitan City D, with a blood alcohol concentration of about 0.158%.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, and at the same time, violated the prohibition of driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history, investigation reports (to attach a summary order with drinking driving or non-licensed driving power), and application of summary orders under the Acts and subordinate statutes of five copies;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, driven a drinking without a license again, even though he/she had been punished once a suspended sentence due to drinking, etc., even though he/she had a record of punishment once due to drinking.

In light of the fact that blood alcohol concentration is very high, and in light of the regulatory background, it is judged that the risk at the time of drinking was high.

However, the fact that the defendant is recognized to commit the crime and is against the truth, and the traffic accident has not occurred frequently.