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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On April 14, 2020, the Defendant was notified of a summary order of a fine of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) in the Goyang Branch of the Jung-gu District Court.

Nevertheless, around September 23, 2020, the Defendant driven the E-5 car under the influence of alcohol leveling 0.213% while under the influence of alcohol leveling 0.213% without obtaining a driver's license from the front of the real estate C in Eunpyeong-gu Seoul, to the same Gu D road as approximately 170 meters.

As a result, the Defendant violated the prohibition of drinking at least twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement and investigation report (the above drone official application report) (the driver's license register of motor vehicles);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (abstinence of a summary order for drinking driving);

1. Article 148-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 44(1), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount of punishment (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. It is so decided as per Disposition for the reasons above Article 62 (1) ( considered as above) of the Criminal Code;