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 12, 2009, the Defendant issued, at the Seoul Western District Court, a summary order of KRW 2 million for the crime of violation of the Road Traffic Act, a fine of KRW 1.5 million for the same crime in the same court on May 19, 2015, a summary order of KRW 1.5 million for the same crime, and on August 12, 2016, a summary order of KRW 7 million for the same crime in the Incheon Western District Court’s Deputy Branch Branch.

On December 12, 2018, the Defendant, while under the influence of alcohol at 0.056% of blood alcohol level around 22:00, while driving a vehicle from the front of the restaurant to the D in Kimpo-si, the Defendant, without obtaining a driver’s license, driven a vehicle of approximately 200 meters from the front of the restaurant to the front of the Kimpo-si.

Accordingly, although the defendant was punished not less than twice due to drinking, he was also driving at the same time and simultaneously driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous offense: The application of criminal records and investigation reports by the prosecution (a summary order for the same attached case) and 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. 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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is one of the re-driving and driving without a license despite the fact that the defendant had been punished for a majority of drunk driving.

However, the defendant was led to confession and reflect in depth, and the vehicle operated by the defendant was sold in future.