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 January 23, 2015, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Seoul Central District Court, and KRW 5 million as a fine for the same crime from the Yongsan District Court's Goyang Branch on May 31, 2019.

On December 6, 2019, around 05:25, the Defendant driven D SP car under the influence of alcohol concentration of 0.093% without obtaining a driver's license in approximately 1km section from the roads located at the center of the same Gu around 05:32 on the same day from the front of the building in Yongsan-gu, Yongsan-gu, Busan Metropolitan City to the roads located at around 160 in the center of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a drinking driver, investigation report (report on the status of a drinking driver), and notification of the results of the regulation of a drinking driving;

1. Details of cancellation disposition of driver's license and the register of driver's license;

1. Application of criminal records, reply reports (A), suspect's previous records, and summary order statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the blood alcohol concentration level of the instant case is reasonable.

Before committing the instant crime, the Defendant had been punished for a fine twice (2015 and 2019) due to drinking driving.

In particular, on March 28, 2019, the Defendant was found to drive under the influence of alcohol while under the influence of alcohol 0.122% on March 28, 2019 and received a summary order of a fine of KRW 5 million on May 31, 2019 due to a violation of the Road Traffic Act (driving). However, the Defendant again committed the same kind of crime under the influence of a license without being able to do so without being able to do so without being able to do so.

It is necessary to punish defendants who repeat the same mistake more strictly.

In addition, the circumstances of the crime of this case, the distance of drinking driving, and the age of the defendant.