A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On May 23, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on May 23, 2007, a summary order of KRW 1.5 million for the same crime in the same court on May 16, 2016, and a summary order of KRW 5 million for the same crime in the same court on May 22, 2017, respectively.

【Criminal Facts】

Despite the fact that the Defendant had been punished twice or more for the crime of violating the Road Traffic Act as above, the Defendant driven CMW car under the influence of alcohol content 0.117% without obtaining a driving license through a vehicle driving license over about about 20 meters on the road located in Sungnam-gu, Seongbuk-gu, Sungnam-gu, Seoul, about November 22, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, report on the situation of driving without a license, investigation report, the register of driver's licenses, and field photographs;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment with prison labor shall be selected in consideration of the past record of drinking driving over a period of eight months, and two years of probation.

However, it shall be mitigated in consideration of the fact that the defendant is led to confession, there is no traffic-related criminal history exceeding the fine, and the detection of unauthorized driving is the first.

The age, character and conduct, environment, and crime of the defendant.