Defendant shall be sentenced to two years of imprisonment, and the execution shall be suspended for three years from the date the judgment becomes final and conclusive.

(b) the defendant;

Punishment of the crime

On August 2, 2012, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on August 2, 2012. On June 14, 2013, the Defendant was sentenced to a fine of five million won for the same crime at the Seoul East District Court on June 14, 2013. On October 22, 2019, the Defendant was sentenced to a suspended sentence of two years for the same crime to the Seoul Northern District Court on August 30, 2019.

On September 22, 2019, the Defendant, without obtaining a driver’s license of a motor vehicle on September 22, 2019, was under the influence of 0.192% of blood alcohol concentration, and thereafter, the Defendant, after having been in Seongdong-gu Seoul, driven approximately 1 km-free car from the road to the front road of the same Gu.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol not less than twice, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Records of drinking alcohol measurement, and the register of driver's licenses;

1. Application of Acts and subordinate statutes concerning criminal records;

1. Articles 148-2 (1), 44 (1), 152 (1), and 43 of the Road Traffic Act;

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

1. Imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

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

1. Although the instant case is especially inferior in that the instant case is committed immediately after being served with a written indictment for a case involving a person related to concurrent crimes with reasons of sentencing 62-2 of the Criminal Act, including probation, and on the other hand, equity should be taken into account when the said case becomes final and conclusive at the same time.

As a substitute, the sentence is to sentence the remainder after deducting the sentence already sentenced from the sentence in the case of sentence.

In conclusion, in the case of sentencing as in the same way, it is excessive to sentence sentence in full view of the factors of sentencing such as the fact that there are a number of same forces and there are no such special reasons as above, and the fine of this kind is more than once.