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 September 18, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Jeonju District Court’s Gunsan Branch, and on December 17, 2008, a summary order of KRW 3 million for the same crime, etc. in the same court.

Although the Defendant had been punished for drinking driving more than twice as above, on January 14, 2019, at around 0.056% of the blood alcohol concentration, the Defendant driven a F car without obtaining a driver’s license from the roads near the cafeteria in Gunsan-si to the roads near D apartment E, while under the influence of alcohol level around 0.056%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, investigation report, and the register of driver's licenses;

1. Previous records of judgment: Criminal history records, investigation reports (verification of criminal records of the same kind - attachment of summary order), application of three copies of summary order Acts and subordinate statutes;

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. Although the reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures had the record of punishing the Defendant twice a fine due to drinking driving and driving without a license, the fact that the Defendant again committed the instant crime is disadvantageous, but it is more favorable that the Defendant divided his mistake and reflects it.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.