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 a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 4, 2018, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) in the Suwon District Court’s Pyeongtaek District Court’s site on January 4, 201, and a fine of KRW 7 million as a fine in the same court on January 25, 2018, respectively.

Nevertheless, on April 8, 2018, the Defendant, while under the influence of alcohol 0.05% during blood transfusion, driven a B B B B B in the section of about 15km from the front side of the Dobong-dong in the mountain-dong in which the driver’s license was used without obtaining a driver’s license, to the roads adjacent to the 3-distance of the public sports site, according to the combination of Pyeongtaek-si Woo-dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Notice of the result of regulating the driving of alcohol and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Articles 40 and 50 of the Criminal Act, the choice of imprisonment, and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2(1) of the Criminal Act shall be sentenced to imprisonment in that it has been sentenced twice due to driving under the influence of alcohol on the grounds of sentencing, and an order to suspend its execution and to prevent recidivism shall be issued, considering the fact that the accused has been punished twice by a fine not exceeding twice;