A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On June 26, 2009, the Defendant issued a summary order of KRW 4 million to a fine of KRW 1 million on the grounds of a violation of the Road Traffic Act (driving), on December 11, 2014, a summary order of KRW 3.5 million on the grounds of a violation of the Road Traffic Act by the same court on December 11, 201, and on April 14, 2016 by the same court on April 14, 201, respectively.

On October 28, 2017, at around 00:08, the Defendant driven a chip vehicle under the influence of alcohol content of 0.148% while under the influence of alcohol without obtaining a driver’s license from the front of the Suwon-si transfer towing station in Suwon-si to the front of the same viewing distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of the Act and subordinate statutes to the investigation report (the confirmation of the previous record), the relevant list of cases, and the summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The Defendant made a confession to commit each of the instant crimes, and thereby made his mistake.