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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 23, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court (Seoul Western District Court), but on September 28, 2020, the Defendant driven a two-wheeled vehicle of approximately 634 meters, without a driver’s license, in the state of alcohol concentration of KRW 0.148% in the blood while under the influence of alcohol level 0.148% in the front of Gangnam-si (C) around September 28, 202.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, the driver's license register and the driver's license register of the vehicle;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
1. Punishment provided for in Articles 148-2(1) and 44(1) of the Road Traffic Act for criminal facts, Article 152 subparag. 1 and 43 of the Road Traffic Act (non-licenseed driving) of the same Act, the punishment provided for in Articles 40 and 50 of the same Act [the punishment imposed for a violation of the Road Traffic Act which has no heavier punishment] of the same Act concerning the degree of the defendant's main behavior and the history of punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (in addition to the confession and reflection of a crime by a defendant, and punishment for a long time, taking into account that there is no record of the same crime in addition to punishment for a long time);
1. Article 62 (1) of the Criminal Act (limited to cases where an order to attend a course has been repeatedly issued due to the grounds for the said mitigation);
1. Article 62-2 (1) of the Criminal Act on an order to attend a course;