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 September 17, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and on March 29, 2016, in the same court, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

On May 28, 2018, the Defendant driven a B-5 car without obtaining a driver’s license from around 31 km section from around 21:30, in the state of under the influence of alcohol with approximately 0.116% alcohol content from around 31 km section to the road of the Domn Dom-e, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstances of driving, the ledger of driver's licenses, and the results of regulating drinking;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of summary orders) Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act and other factors of sentencing, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as shown in the proceedings and arguments, the sentence as ordered shall be determined.

The elements of favorable sentencing: The defendant recognized his mistake and reflects the defendant, has no record of criminal punishment more than imprisonment without prison labor, and has supported children by negligence after his/her death.

An unfavorable sentencing factor: A relatively high level of alcohol concentration in blood, two times before driving of alcohol, one time before driving of alcohol, and one time before driving of alcohol, and driving of alcohol is the general public.