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

Punishment of the crime

On April 24, 2013, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act, and a summary order of KRW 3.5 million as a fine in the same court on January 26, 2018, respectively.

On January 27, 2020, the Defendant, while under the influence of alcohol with 0.123% of blood alcohol concentration on 18:10, 2020, driven a fren motor vehicle at approximately 200 meters away from the road front of the C lent-si, where the Defendant living in Seosan-si B without obtaining a driver’s license, to the road front of the E Hospital located in Seosan-si.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. The driver's license ledger;

1. Criminal records, inquiry reports, investigation reports, and application of summary order-related Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under