A defendant shall be punished by imprisonment for six 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

[criminal power] On June 18, 2010, the Defendant received a summary order of KRW 3 million from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving). On July 10, 2017, the Defendant received a summary order of KRW 5 million from the Sungnam Branch of the Suwon District Court to a fine for the same crime.

【Criminal Facts】

On March 26, 2019, at around 00:58, the Defendant driven Csch Rexton car under the influence of alcohol content 0.118% without obtaining a driver’s license from approximately 200 meters section to the roads of Jungwon-gu Seoul Metropolitan City 200 meters prior to the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 (1) and 43 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 201); the choice of imprisonment for each sentence of imprisonment

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 grounds for sentencing under Article 62-2 of the Criminal Act; the term of punishment as ordered shall be determined by comprehensively taking account of the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime and other conditions of sentencing as shown in the records, such as the reason for sentencing under Article 62-2 of the Criminal Act;