A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 2, 2007, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on November 2, 2007, and a fine of KRW 4 million for the same crime at the Jungbu District Court on December 21, 2017.

On August 25, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle at around 23:21 on August 25, 2018, driven B K3 motor vehicles over the 20km section from the French land at the 0.131% alcohol concentration in blood to the 0.131% alcohol concentration in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A regular port report of the driver in charge;

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiries about licenses, teas, and mandatory insurance;

1. Previous convictions: Application of second-class Acts and subordinate statutes to a written inquiry, such as inquiry about criminal history, and a summary order for 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 an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment as a crime of driving under drinking with heavier 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. The same sentence as the order shall be determined by comprehensively taking into account the following factors: the reason for sentencing under Article 62-2 of the Criminal Act: the record of the crime, the figure of drinking, the distance of driving, the distance of confession, the fact that there is no record of the crime exceeding the fine; and the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc.