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 January 18, 2008, the Defendant issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 4 million with the same crime in the same court on July 24, 2019.

On July 27, 2019, the Defendant was under the influence of alcohol by 0.116% without obtaining a driver’s license on July 27, 2019, and was under the influence of alcohol by 0.116%, and was under the influence of alcohol by driving a vehicle of 2 km away from the direction near the 1520 net calendar distance to the direction near the 1520 net calendar distance, and violated the prohibition of drinking driving regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and notification of the results of the control of drinking driving;

1. The register of driver's licenses without a license, report on the current status of driving, making a proper inquiry, and driver's licenses;

1. Previous convictions indicated in judgment: Application of two copies of the criminal records and summary order under two Acts and subordinate 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 the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act was issued without a license for drinking alcohol again for the defendant, for the reason of sentencing two times the same electricity was generated.

The risk of recidivism is likely to occur to the defendant who lacks compliance awareness about the operation of the motor vehicle.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the mistake was committed properly; (b) there is no penalty history exceeding the fine; and (c) circumstances favorable to the occurrence of the accident; and (d) other factors such as the Defendant’s age, character and conduct, career, environment, circumstances and results of the crime; and (c) all the sentencing conditions specified in the records and arguments