A defendant shall be punished by imprisonment for not less than one year and six 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

On March 23, 2017, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 5 million for the same crime at the Seoul Central District Court on January 22, 2019, respectively.

Nevertheless, at around 07:48 on October 6, 2019, the Defendant, without a car driver’s license, driven CMW car at approximately 3km from the front of the high-speed distance in Guro-gu Seoul Metropolitan Government, to the front road of the same Gu B apartment, while under the influence of alcohol by 0.104%.

Accordingly, the Defendant was driving a motor vehicle in violation of the prohibition of driving under the influence of alcohol without a driver's license more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving, the register of driver's licenses, and manual of control;

1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. Determination of the same sentence as the order shall be made in consideration of the overall sentencing conditions shown in the pleadings of the instant case, including the reason for sentencing under Article 62-2 of the Criminal Act, such as situations of driving without obtaining a license, driving without any reason for driving, measuring a drinking alcohol, past two times a fine for a drunk driving (2 years / 2019/2017),

It is so decided as per Disposition for the above reasons.