A defendant shall be punished by imprisonment for a term of one year and two 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 Records] On May 21, 2018, the Defendant was sentenced to a fine of three million won for the violation of the Road Traffic Act by the Chuncheon District Court.

Around 02:00 on December 22, 2019, the Defendant driven a Eco-car or car without a driver's license from around 2.2 km to around 2.2 km in front of the C cafeteria located in Hongcheon-gun, Gangwon-do, Hongcheon-gun, while under the influence of alcohol by 0.119%.

『2020고단270』 피고인은 2020. 1. 30. 02:20경 혈중알코올농도 0.139%의 술에 취한 상태로 강원 홍천군 홍천읍 너브내길 59-1 홍천강꽁꽁축제장 주차장에서부터 F에 있는 G 앞 노상까지 약1킬로미터 구간에서 자동차 운전면허 없이 H 코나 승용차를 운전하였다.

Summary of Evidence

"200 Highest 19"

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records "20, 270 Highest 270";

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act; and

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

1. Selection of each sentence of imprisonment;

1. Articles 37, 38 (1) 2 and 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 62 of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order commits a short period of time despite having been sentenced to a fine due to drinking driving in 2018, and re-offending of drinking and non-licensed driving again during the same kind of trial, and the fact that the blood alcohol concentration level in each drinking driving is high is disadvantageous, but it does not cause human damage and is compensated for physical damage.