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 August 3, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the original branch of the Chuncheon District Court on August 3, 2015, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Sungnam Branch of the Suwon District Court on April 2, 2018.

On October 30, 2018, the Defendant, without obtaining a driver’s license on October 30, 2018, driven a vehicle of fested lurged lurg at C store located in Seongbuk-gu, Sungnam-si, Sungnam-si, with a blood alcohol concentration of 0.085%.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol more than twice without obtaining a driver's license, and was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of a driver, investigation report, ledger of driver's licenses, and details of cancellation of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to a summary order for a suspect's case;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The nature and circumstances of crimes are not absolute in light of the following: (a) the reason for sentencing of Article 62-2 of the Criminal Act: (b) the accused’s criminal records and records of the same offense; and (c) the state of unauthorized driving even though the license was revoked due to drinking driving.

However, the defendant has no record of being punished in excess of a fine, and reflects his/her depth of mistake.

(b) it;