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

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

Punishment of the crime

On August 24, 2020, the Defendant issued a summary order of KRW 8 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on August 24, 202.

On September 1, 2020, at around 20:30, the Defendant driven a car with alcoholic content 0.141% while under the influence of alcohol without a driver's license, from the front of Jongno-gu Seoul Metropolitan commercial building to the 6rd Yung-ro 57-13, Seongbuk-gu, Seongbuk-gu, Seoul, to the safety zone in front of the tunnels, the Defendant driven a car with alcoholic content 0.141% while under the influence of alcohol without a driver's license.

As a result, the Defendant violated the prohibition of drinking at least twice, and at the same time, driven a van without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a vehicle at home, report on the circumstances of the driver at home, investigation report (report on the situations of driving a vehicle at home), inquiry into the results of crackdown on drinking restrictions, and the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as a report on the previous convictions and results thereof, summary order and criminal history;

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. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 (Punishment prescribed for a crime of violating the Road Traffic Act with heavier punishment) of the Criminal Act;

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed a second re-offending of the instant case on the grounds that the license was revoked due to driving under drinking, and that the license was not revoked, even if so.

Taking into account the details of crackdown (report 112) and blood alcohol concentration, and the fact that there are many records of punishment of fines as well as drinking, but there are no criminal records of suspension of execution or higher, etc., the punishment as ordered shall be determined in consideration of various sentencing factors, such as the defendant's age, sex, and circumstances after the crime.