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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 26, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of Road Traffic Act (drinking driving) at the Seoul Southern District Court’s Branch Branch on September 29, 2016, and a fine of KRW 5 million as the same crime at the Seoul Southern District Court.

On August 31, 2018, around 02:48, the Defendant driven a bsch-ton car without a driver’s license in the state of alcohol 0.167% of alcohol concentration in blood from around 2km to around 182 Gamasan-ro, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is three times the driving force of drinking without a license, the fact that there is one time the driving force of an unlicensed driving force, and the fact that the drinking level is high is disadvantageous to the defendant.

However, the fact that there is no criminal record of probation or higher is favorable to the defendant.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but the social service and compliance driving lectures are taken.

It is so decided as per Disposition for the above reasons.