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

On October 4, 2010, the Defendant issued, at the Changwon District Court, a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) and KRW 3.5 million as a fine for a violation of the Road Traffic Act (driving on September 13, 2013).

On April 1, 2019, at around 22:42, the Defendant, without a car driver’s license, driven a vehicle with C New Zealand X-D-D-d-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report, and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), Article 152 subparagraph 1, and Article 43 (a) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, character and conduct, Defendant’s blood alcohol concentration (0.093%) and the details and circumstances of the instant crime, and the circumstances after the instant crime, and determine the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case without being aware of the record of punishment two times for the same crime.

It is a crime of drinking without a license.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

After the past punishment, a considerable period of time (including about five and a half years) has elapsed, and the defendant has no record of being punished in excess of the fine.