A defendant shall be punished by imprisonment 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

[criminal power] On January 10, 2019, the Defendant was issued a summary order of KRW 4 million on the grounds of a fine of KRW 2 million for a violation of the Road Traffic Act at the Incheon District Court and a fine of KRW 1 million on March 17, 2017.

【Criminal Facts】

On June 7, 2019, at around 04:00, the Defendant driven CK7 car under the influence of alcohol concentration of about 0.10% without a vehicle driver’s license from the section of approximately 1km from the front of the French-gu Seoul Metropolitan City, Seocheon-gu, Seoul to the front road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports, and application of two copies of written judgments;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is an offense in which the life of a person who is not only his/her own but also another person can be taken, and the criminal defendant committed the instant crime even though he/she had a record of being punished twice due to the same criminal act, etc., which is disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case, there is no same punishment power exceeding the fine, and the blood alcohol concentration is high.