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 15, 2015, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act, and a summary order of KRW 3,00,000 for a fine of KRW 1,00 for a violation of the Road Traffic Act at the Chuncheon District Court on July 13, 2017.

On March 29, 2019, the Defendant driven an E Cost Engine without obtaining a driver’s license under the influence of alcohol level of about 8 km from the Do in front of the Gyeongjin-gun B to the front road of the “D gas station” in the same group C, and without obtaining a driver’s license under the influence of alcohol level of about 0.127%.

As a result, the defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of driving on a motor vehicle under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the control of driving on a motor vehicle, register of driver's licenses, and car

1. Previous convictions in judgment: To inquire into crimes and investigation records of foreigners and to apply Acts and subordinate statutes to investigation reports (report on confirmation of the same kind of past

1. 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 concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime is committed.