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 April 2, 2014, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and on December 12, 2018, a summary order of KRW 5 million for the same crime from the Suwon District Court’s Ansan Branch to the same offense.

Although the Defendant had been punished for drinking driving two or more times, on January 15, 2019, the Defendant again driven the Ei 40 car from approximately 150 meters from the front side of Heung City to the front side of “D Real Estate” located in Heung City, from the Heung City, under the influence of alcohol level of 0.137% without obtaining a driving license, at around 23:45, Jan. 15, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, probationary records, report on the results of confirmation of the previous dispositions, and application of Acts and subordinate statutes to investigation reports (former records and confirmation);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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. Taking into account all the circumstances, including the fact that the defendant's mistake is recognized for the reason of sentencing under Article 62-2 of the Criminal Act, the criminal records of the defendant, the blood alcohol concentration level, driving distance, etc.