A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 2, 2015, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4,00,000 as a fine for the same crime from the stay support of the Daegu District Court on May 13, 2019.

On May 2, 2019, at around 03:53, the Defendant, while under the influence of alcohol with 0.10% of blood alcohol content, driven a dial car at the section of about 10km from the front of the dormitory of a golf course in C where he resides in B without obtaining a driver’s license, to the front of the floating ginseng distance located in a document in the city where he is permanently located.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license for a motor vehicle)

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 (i.e., the violation and the absence of any criminal record for a suspended sentence);

1. Probation, orders to provide community service and attend lectures, and Article 62-2 of the Criminal Act ( considered before the same kind of fine, three times, etc.);