A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 27, 2010, the Defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Seoul East Eastern District Court on December 13, 2016, and was sentenced to a summary order of 2 million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on December 13, 2016. On April 16, 2020, the Defendant was sentenced to a fine of 12 million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on April 16, 2020.

On July 13, 2020, at around 06:40, the Defendant driven a B knife vehicle with blood alcohol concentration of about 0.124%, without a driver’s license, at the section of about 5km from the flife road of Seongdong-gu Seoul Metropolitan Government to the front of the flife line of the government.

As a result, the Defendant, who violated the provisions of “the prohibition of driving under the influence of alcohol” not less than twice, driven a motor vehicle while under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Criminal history records, inquiry reports, and the application of Acts and subordinate statutes to investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order under Article 62-2 of the Criminal Act shall be taken into account of the same kind of force and the degree of the principal offense for sentencing;