A defendant shall be punished by imprisonment with prison labor 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 September 26, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on September 26, 2008, and on March 8, 2017, issued a summary order of KRW 3 million to a fine of KRW 1.5 million for the same crime.

Although the Defendant had been in violation of the provision prohibiting drinking driving twice or more, on February 2, 2018, at around 21:38, the Defendant driven a e-motor vehicle under the influence of alcohol content of 0.097% without obtaining a driving license from a 50-meter section from an influent restaurant in the Gu and Si B to a D cafeteria in C, and without obtaining a driving license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Public announcement of inquiry into the results of the drinking driving control, details of the revocation of the driver's license, and decision on revocation thereof;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;

2. Application of the sentencing criteria: The sentencing criteria are not set. 3. The sentencing criteria are not set; considering the fact that the accused has driven a motor vehicle while drunk without a driver's license even though the accused has been punished for drinking twice (two years of suspended sentence) by imprisonment with prison labor for ten months (two years of suspended sentence), the accused's responsibility for the crime and the circumstances are heavy.

However, there are circumstances to consider when determining the sentencing of the defendant that the defendant has recognized all of the crimes, and that the defendant does not have any sentence for the same kind of crime.

The above various circumstances are as follows.