A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On March 22, 2012, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine of KRW 1,50,000 for a violation of road traffic laws (drinking), and on July 16, 2015, the Defendant received a summary order of KRW 4 million for a violation of road traffic laws (drinking) from the Seoul East District Court.

1. Around 01:40 on October 17, 2020, the Defendant driven a CK7 vehicle under the influence of alcohol leveling 0.143% while under the influence of alcohol leveling 0.143% from the roads near the hill station of Gangnam-gu Seoul Metropolitan Government to the parking lot of the second underground of Songpa-gu B.

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

2. A person violating the Road Traffic Act (unlicensed driving) is prohibited from driving a vehicle without a driver’s license, the Defendant 1 driven the vehicle without a driver’s license at the time and place specified in paragraph 1 above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and inquiry into the results of regulating drinking;

1. Investigation report (report on the circumstances of the driver in charge) driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to summary order to a suspect - Copy of each summary order) by statutes;

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 requires a punishment corresponding to the punishment of the crime that may cause serious damage to the life, body, and property of others. The defendant has already been punished twice for the crime of drinking, even though he had already been punished for the crime of drinking.