A defendant shall be punished by imprisonment for one year.

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

On November 7, 2012, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court to a fine of KRW 3 million for a violation of the Road Traffic Act (driving). On July 4, 2013, the Seoul Central District Court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving), and on July 29, 2016, the Seoul Central District Court issued a summary order of KRW 6 million, respectively.

On February 16, 2020, at around 13:42, the Defendant driven a two-wheeled automobile with a blood alcohol concentration of about 0.139% without a motorcycle driver’s license in a section of about 100 meters from the front of Seocho-gu Seoul to the front of Seocho-gu Seoul.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and simultaneously drive a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the control results of drinking driving, report on the situation of driving without a license, and the register of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (report on the reorganization of suspect-related cases) and statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant once again drives and drive without a license despite the fact that the Defendant had been punished for drunk driving, the Defendant’s blood alcohol concentration is relatively high, the driving distance is short, and the Defendant recognized the facts charged.