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 December 14, 2012, the Defendant received a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act from the Jung-gu District Court in Goyang Branch on December 14, 2012, and the same court issued a summary order of KRW 3 million for the same crime on July 10, 2017, and received a summary order of KRW 3 million for the same crime on at least two occasions due to drinking driving.

On August 12, 2018, the Defendant, without obtaining a driver’s license, driven a B-to-land driving at approximately 69.9km section from the neighboring road of Hongcheon-gun to the Yangyang-gun’s roads in the form of alcohol of 0.117% of blood alcohol concentration on August 12, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, reports on traffic accidents, notification on the results of the control of drinking and driving, reports on the state of drinking drivers, and the register of driver's licenses;

1. An accident site photograph;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A dangerous criminal whose drinking driving is likely to cause unexpected behaviors not only his/her own but also another person's life and family by raising the possibility of traffic accidents; the risk of drinking driving is realized by causing an accident while driving in the state of drinking, and the defendant has a record of being punished by a fine several times due to drinking driving or unlicensed driving: A favorable circumstance is that the defendant led to the confession of the crime in this case and the mistake is divided, and the defendant has a record of being punished for more than a suspended sentence for traffic-related crimes.