Defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[criminal history] On August 11, 2016, the Defendant was sentenced to a suspended sentence of two years for the violation of road traffic law (unlicensed driving) and intrusion upon residence by the Ulsan District Court on August 19, 2016, and the said judgment was finalized on the 19th day of the same month. On March 30, 2017, the same court was sentenced to five months of imprisonment for intrusion upon residence by the same court, and on January 5, 2018, the said judgment became final and conclusive on January 5, 2018, and was paroled on July 30, 2018 and passed on September 8, 2018.

On May 8, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (Refusal of measurement of drinking), a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving). On July 25, 2014, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (non-driving) at the same court on July 25, 2014. On January 27, 2016, the Defendant was sentenced to a summary order of three million won for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving).

[2] On March 11, 2020, the Defendant committed a violation of the prohibition of drinking by driving a FMW car at a level of approximately 300 meters alcohol concentration at around 0.107% under the influence of alcohol without a driver’s license from the “C” parking lot located in Ulsan-gu, Ulsan-gu, Seoul-do to the “E” road located in the same Gu D from around 300 meters to the “E” road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to inquiries into the register of driver's licenses (before judgment), criminal history, etc., inquiry, text of judgment, summary order, and personal confinement status;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.