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 June 18, 2020, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon method, and on May 19, 2020, the Defendant was prosecuted for the same crime at the Seoul Eastern District Court.

On June 3, 2020, the Defendant driven a Daco or car under the influence of alcohol content of 0.118% during the period of suspension of driver's license (from May 10, 2020 to August 17, 2020) on the 55km section from the front of the front of the city in Ansan-si to the front of Pyeongtaek-si. In addition, the Defendant driven a Dco or car under the influence of alcohol content of 0.118% during the period of suspension of driver's license.

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. The defendant's legal statement report on the situation of the driver who is placed in driving, and a detailed statement of suspension of driver's license as a result of regulating drinking driving (suspect A);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act 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. Reasons for sentencing of Article 62-2 of the Criminal Act on March 28, 2020 and April 29, 2020, when driving under drinking on April 29, 2020, a summary order of KRW 2 million was issued on June 18, 2020 for the first driving under the first driving under the influence of drinking, and the second driving under the influence of drinking on May 19, 2020 was charged with non-detained on June 3, 2020, the second driving under the influence of drinking lacks awareness of the risk of driving under the influence of drinking, such as driving under the influence of drinking, etc., and there was no record of criminal punishment for driving under the influence of drinking, etc., other than the above force, the sentence is determined as ordered in consideration of the overall circumstances such as alcohol concentration in blood, etc.