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 July 19, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the same court on February 9, 2018.

Although the Defendant had at least twice the record of the violation of alcohol driving, at around 01:30 on November 12, 2018, the Defendant driven a vehicle with a blood alcohol level of at least 700 meters from the front side of the C-road located in Silung-si B to the front road located in Silung-si D-si, without obtaining a driver’s license, while under the influence of alcohol level of at least 0.05%, and at least 0.05% with a blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (Driving) of the Road Traffic Act concerning facts constituting a crime, and Articles 152 (1) and 43 (Free Driver's License) (Appointment of Imprisonment), Article 148-2 (1) 1, Article 44

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 (see, e.g., Supreme Court Decisions 4 times a fine to the defendant for the same kind of criminal offense after 2016; 2018; 3.00Do445, Feb. 1, 2018; 3.00Do446, Feb. 28, 2011).