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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Suwon District Court on September 26, 2008, and was sentenced to a fine of KRW 3.5 million for the same crime in the same court on March 20, 2019.

On December 10, 2019, at least 01:30, the Defendant driven a B motor vehicle under the influence of alcohol level of 0.119% under the influence of alcohol level of 0.19%, without obtaining a driver’s license, from the front side of the French-si, Seocheon-do (Seoul Metropolitan City) to the road at a point of 352.9km in the Seo-gu, Seoan-gu, Seoan-gu, Busan Metropolitan City, and operated a without a driver’s license, at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, and investigation reports (report on confirmation of criminal records of the same kind of suspect case);

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 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 for discretionary mitigation;

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

1. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively considering the following factors.

In light of the fact that a person has already been punished for a fine twice due to a drunk driving, the driving place, the process of detection, and the degree of blood alcohol concentration of the defendant at the time, despite the fact that the person has already been punished for a non-licensed driving.