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 July 18, 2007, the Defendant was issued a summary order of KRW 700,000,000 for a fine for a crime of violating road traffic law (drinking driving), and a summary order of KRW 3 million for the same crime on September 19, 2016 from the Changwon District Court's Jinju Branch's Branch's Seoul District Court's order on September 19, 201.

On July 23:08, 2018, the Defendant driven BN-si car in the state of under the influence of alcohol content of 0.153% without obtaining a driver’s license from the front side of “new apartment house in the same city, which is located in the city, Kim Jong-si, Kim Jong-si” to the front side of the same city, approximately 500 meters.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

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 which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (including the fact that the person was involved in the same kind of offense and one time during the latest five years);

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;