A defendant shall be punished by imprisonment for one year.

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

On November 3, 2008, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on November 3, 2008, a summary order of KRW 1.5 million to a fine for the same crime in the same court on November 19, 2013, and a summary order of KRW 7 million to a fine for the same crime in the same court on July 20, 2017, respectively.

Nevertheless, at around 00:50 minutes of November 1, 2019, the Defendant, without a driver’s license, driven an Esch Rexroth car at approximately 50 meters from the front of convenience stores in Guro-gu Seoul Metropolitan Government to the entrance of the D Building parking lot.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, investigation report (report on the status of drinking drivers), and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of summary order;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The same sentence as the order shall be determined in consideration of all the conditions of sentencing specified in the pleadings of this case, including the reason for sentencing under Article 62-2 of the Criminal Act, circumstances of drinking alcohol driving, the measurement of drinking alcohol, the previous and three times of fines for drunk driving, the risk of recidivism and reflect

It is so decided as per Disposition for the above reasons.