A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] The Defendant was sentenced to a fine of KRW 4 million at the Ulsan District Court on June 23, 2016 to a fine of KRW 4 million for a violation of the Road Traffic Act, and on October 18, 2018, the Defendant was sentenced to a suspended sentence for six months by imprisonment for a violation of the Road Traffic Act (driving) at the same court on October 18, 2018, and the said judgment became final and conclusive on October 26, 2018 and is currently under suspended sentence.

【Criminal Facts】

On October 31, 2018, at around 06:40, the Defendant driven a DNA strawing car with a blood alcohol concentration of about 0.088%, without obtaining a driver’s license, from the Do in front of the Southern-gu B Studio in the Nam-gu, Nam-gu, Seoul at the time of the border of the Republic of Korea to around 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the fact that a suspect is under suspension of execution);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered as follows: (a) under the circumstances unfavorable to the defendant, who was sentenced to a suspended sentence due to the crime of violation of the Road Traffic Act, and again 50 days after the judgment became final and conclusive; and (b) under the conditions unfavorable to the defendant, the defendant's mistake may be invalidated; and (c) under the favorable circumstances, the above suspended sentence may be invalidated; and (d) under the conditions favorable to the defendant's age, character and behavior, environment, motive, means and consequence of the crime;