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 June 14, 2016, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On September 18, 2017, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act from the Changwon District Court.

On March 10, 2019, at around 02:10, the Defendant driven a Fmari vehicle without obtaining a driver’s license in the state of alcohol concentration of approximately 100 meters from the front of C in Kimhae-si, to the front of E in D, while under the influence of alcohol concentration of about 0.102%.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Fact-finding statements, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. License register;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

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

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, Defendant’s blood alcohol concentration (0.102%) and the content and circumstances of the instant crime, and the circumstances after the instant crime.

D. Unfavorable circumstances: The Defendant, despite having been punished twice for the same crime, has committed the crime of this case repeatedly in a short period despite the fact that he/she had been punished twice.

In the state of drinking without a license, it is a drinking driving.

A favorable circumstance: A defendant recognizes the crime of this case and does not repeat the same mistake.

No defendant has been punished in excess of a fine.