A defendant shall be punished by imprisonment for two years.

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

[Criminal Records] On June 26, 2020, the Defendant was issued a summary order of KRW 9 million as a crime of violating Road Traffic Act (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court).

[2] On October 30, 2020, the Defendant, without obtaining a driver's license, driven an E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement, survey report, control report, statement report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge) on the site of the driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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) concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, community service order and order to attend a lecture, and the Defendant’s age, sex, intelligence and environment, family relationship, motive, means and consequence of the crime, etc., are as follows: the sentence is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and trial process, including the circumstances after the crime.

Unfavorable circumstances: The person repeatedly commits the same crime in the state of non-license after the lapse of four months after he/she had already been punished for driving under drinking, and the person causes a very dangerous traffic accident as well as the drinking value at this time, and in the past, he/she causes an accident including a non-license without a license.