A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended between two and half years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 14, 2017, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the support of the Suwon Friwon method and KRW 3 million for the same crime at the Seoul East Eastern District Court on February 2, 2018.

Although the Defendant had been punished for drinking driving more than twice as above, on June 13, 2018, at around 00:44, the Defendant driven a C Lasta car without a driver’s license in the state of alcohol alcohol concentration of about 0.096% in the section of approximately 10m of the road in the front of Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. License register;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of criminal history), and summary order-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 (Punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and punishment as a violation of the Road Traffic Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

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 circumstances favorable to the defendant for sentencing under Article 62-2 of the Social Service Order Criminal Act (the fact that he/she recognizes his/her responsibility after recognizing each of the crimes in this case), unfavorable circumstances [the defendant has been subject to criminal punishment twice due to the violation of Road Traffic Act (fluence) and three times due to the violation of Road Traffic Act (fluence). The defendant was issued a summary order by driving under drinking six months prior to the date of the crime in this case, and the defendant was issued a summary order by driving under drinking six months prior to the date of the crime in this case and the license was revoked on February 17, 2018.

In addition, the defendant's age, sex, circumstances of the crime, and alcohol during blood at the time of the crime of this case.