A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[criminal history] On January 30, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic law at the Suwon Franchi, and on September 7, 201, the same court received a summary order of a fine of three million won for a violation of road traffic law. On January 14, 2015, the same court issued a summary order of seven million won for a violation of road traffic law (drafing), and on May 27, 2020, issued a summary order of a fine of seven million won for a violation of road traffic law at the Seoul Central District Court, which was sentenced to a suspended sentence of one year and six months for a violation of road traffic law (drafing) at the Seoul Central District Court on June 4, 2020.

[2] On August 6, 2020, the Defendant driven a D-based knife car with alcohol level of about 0.186% while under the influence of alcohol level of about 300 meters from the front of the B-house apartment in Gyeonggi-do, which was around 20:58 on the same day to the front road of the Gyeonggi-si in Gyeonggi-do, without obtaining a driver's license, and driving a D-based knife car with alcohol level of 0.186%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

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

1. Selection of imprisonment with prison labor chosen;

1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, as stated in the judgment of the lower court, committed a second offense, even though he had been subject to punishment once a suspended sentence due to drinking, etc., as stated in the record of the crime, the judgment of the suspended sentence became final and conclusive and long.

The blood alcohol concentration level is very high, and the risk of drinking driving was realized due to traffic accidents.

The defendant has a variety of criminal convictions.

In light of the above circumstances, the defendant is isolated from society for a considerable period of time and drinking drinking.