A defendant shall be punished by imprisonment for not more than ten 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 March 10, 2016, the Defendant issued a summary order of KRW 3 million at the Busan District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act (driving). On January 15, 2018, the Changwon District Court issued a summary order of KRW 3,00,000 for a fine of KRW 1,00 for a violation of the Road Traffic Act (driving without a license) and on March 11, 2019 by the same court.

On April 16, 2019, while under the influence of alcohol at 0.062% of blood alcohol concentration, the Defendant driven an Efranchising car without obtaining a driver’s license at a section of about 320 meters from the front day of Kim Sea B apartment in Kimhae-si to the Drho road located in Kimhae-si C.

As a result, the Defendant violated the prohibition regulations on drunk driving more than twice and drives a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition regulations on drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. License register;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

1. Relevant Article 148-2 (1) 1 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning the crime;

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. Probation and community service order under Article 62-2 of the Criminal Act, taking into account the following circumstances with the reasons for sentencing, the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances indicated in the trial and records, including the circumstances after the crime, shall be determined as ordered.

The favorable circumstances: the fact that the defendant seriously reflects the situation, and the fact that the defendant needs to support his/her family, including his/her children, are already more unfavorable.