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 September 16, 2015, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On September 27, 2017, the Defendant received a summary order of KRW 5 million from the same court on September 27, 2017.

On May 28, 2019, at around 21:00, the Defendant driven a vehicle with blood alcohol concentration of about 15 km from the 15 km section to the front road of the Living Sports Park in Gyeyang-gu, Ulsan-gu, Ulsan-gu, Ulsan-do, Seoul-do, without obtaining a driver's license, in the state of under the influence of alcohol of about 0.146% from the 15 km section.

As a result, the Defendant, who has violated the prohibition on drunk driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition on drunk driving.

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: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same criminal records);

1. Article 148-2 (1) 1, Article 44 (1), Article 152 Subparag. 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service, and order to attend a lecture, even though there are several times the records of punishment due to Defendant’s drinking without permission, driving without permission, traffic accidents, etc., and the fact that the vehicle was disposed of after committing the crime and that it would not repeat the crime, and other conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, etc.