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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 22, 2018, the Defendant received a summary order of KRW 5 million for a crime of violating road traffic law (drinking) at the Seoul Central District Court.

Criminal facts

On October 23, 2020, the Defendant driven a motor vehicle under the influence of alcohol level of 0.098% while under the influence of alcohol level of 0.098%, without obtaining a driver’s license, from the front of the apartment site B in Seongbuk-gu, Sungnam-si to the front of the D High School located in the same Gu C from around 1km to the front of the D High School located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (a summary order appended to a drinking driving record);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime of drinking alcohol under the influence of a license even though he/she had a record of being punished for driving under drinking.

Considering the fact that the substance of the instant crime, such as alcohol concentration and odometer, together with the details of the instant crime, has not long history of punishment for driving under drinking, the fact that driving under the influence of alcohol without a license, shows an attitude against the disadvantage, and the fact that there was no record of punishment exceeding the fine, in favor of the fact that there was no record of punishment.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and means of crime, etc., shall be determined as the sentence.