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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 4, 2009, the Defendant was issued a summary order of KRW 4 million on the charges of violating the Road Traffic Act (drinking driving), and KRW 2 million on May 2, 2019 on the charges of receiving a fine of KRW 2 million on the same crime in the leisure support of Suwon Friwon, etc. at the Jung-gu District Court on May 2, 2019, the Defendant was issued a summary order of KRW 2 million on June 24, 2019 on the charge that the Defendant was issued a summary order of KRW 2 million on the charge of drinking in the early branch of the Chuncheon District Court.

However, there is no evidence to acknowledge that the person was punished for drinking on the above date.

Criminal facts

On April 27, 2019, at around 00:22, the Defendant driven CM5 car under the influence of alcohol concentration of about 0.132% in blood without obtaining a driver's license from the section of approximately 2.5km from the mountain basin near the mountain basin in Gangseo-gu Seoul Metropolitan Government to the front road in the same Gu B.

As a result, the Defendant violated the prohibition of drinking at least twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is to take the driving, investigation report, notification on the results of regulating the driving of drinking, and the register of driver's licenses;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A), and application of each summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on November 4, 2009 of the Act on the Protection and observation, the community service order and the order to attend a lecture, the summary order of a fine of KRW 4 million on November 21, 201, the summary order of a fine of KRW 2 million on November 21, 2016 by driving under a license without a license from the Suwon District Court on the water supply method and the order to attend a lecture on May 2, 2019.