A defendant shall be punished by imprisonment with prison labor for up to six 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 January 20, 2010, the Defendant was sentenced to a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Seoul Central District Court, and a summary order of a fine of four million won or more for the same crime at the Jung District Court on July 29, 2016, respectively, and was punished twice or more for a violation of the Road Traffic Act.

On August 12, 2016, the Defendant, at around 02:00, driven a Bone Star car under the influence of alcohol concentration of 0.067% without obtaining a driving license from around 400 meters in the same time-sports to around 304 in the same time-sports.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of running a motor vehicle under consideration, and a report on the detection of the motor vehicle under consideration;

1. Report on the situation of operation without a license, and control photographs;

1. Registers of driver's licenses;

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

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. 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 reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

Not only the defendant has been punished twice or more due to drinking driving, but also has been punished once as a crime of violation of the Road Traffic Act (not only after the accident).