A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On July 14, 2008, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of road traffic law (driving) from the Daejeon District Court's branch court.

On August 7, 2020, the Defendant driven a DNA car without a driver’s license in a state of alcohol of about 0.107% of alcohol concentration in blood from the 10-meter section from the south-gu, Southern-gu, Seoul to the front road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Image data related to the case, notification of the results of regulating the driving of drinking, report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge of drinking), and copy of the ledger using the drinking measuring instrument;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

1. Articles 148-2 (1), 44 (1), and 152 subparagraph 1 and 43 of the Road Traffic Act concerning the 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 Social Service Order Criminal Act include both recognition of and reflects on the fact that the defendant committed the crime of violating the Road Traffic Act again despite the fact that the defendant had been punished once by a fine due to the same crime. The defendant committed the crime of violating the Road Traffic Act again. The degree of alcohol content and driving distance in the blood of this case, the circumstances of the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions stated in the argument of this case, shall be determined as ordered in consideration of all of the circumstances after the crime.