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

[criminal power] On December 20, 2010, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Eastern District Court on December 20, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on March 19, 2018.

【Criminal Facts】

On July 26, 2019, at around 23:28, the Defendant driven a B-cub vehicle with a blood alcohol concentration of 0.147% under the influence of alcohol without obtaining a driver's license from the section of approximately 100 meters in front of the sub-section 60-dong, Hanam-ro, Seoul Metropolitan City.

As a result, the Defendant violated the prohibition of drinking alcohol driving more than twice, and simultaneously carried out driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same kind of suspect's records), and copies of summary order statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same 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. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was sentenced to a fine due to driving under the influence of alcohol once, and was sentenced to a fine due to the refusal of drinking alcohol measurement once after his/her driver’s license was revoked, and was under the influence of alcohol without a license within a short time.

On the other hand, it is against the defendant's wrong recognition.

Alongly, it was limited to a simple driving without a license without any particular human or material damage.

In addition, the distance of the defendant's driving, blood alcohol level, past drinking and the interval between the crime of drinking alcohol and the crime of this case.