Defendant shall be punished by imprisonment for a term of one year and six 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.

Punishment of the crime

[criminal history] On July 4, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law (driving alcohol) at the Seoul Eastern District Court, and was issued a summary order of KRW 3 million for the same crime on January 21, 2019. On May 29, 2019, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime by the same court.

[2] On May 26, 2020, at around 00:25, the Defendant driven a D-6 car under the influence of alcohol concentration of 0.098% while under the influence of alcohol without obtaining a driver's license from around 500 meters from the Gangnam-gu Seoul, to the front road of the same Gu C.

Accordingly, the Defendant moved to a motor vehicle without obtaining a driver's license and violated the prohibition of drinking at the same time not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report, notification of the results of regulating drinking driving, and the register of driver's licenses of motor vehicles;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), list of relevant cases, judgment, and summary order;

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) concerning facts constituting an offense;

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 reasons for sentencing under Article 62-2 of the Criminal Act include three times the records of punishment for drinking driving, and in particular, the Defendant once driving under drinking despite the recent records of punishment for drinking driving under drinking; the Defendant’s blood concentration and driving distance are relatively short; the Defendant recognized the facts charged and reflected; the Defendant’s disposal of vehicles used for the instant crime, etc.

as soon as possible, the age of the defendant.