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 February 27, 2017, the Defendant received a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act, from the Cheongju District Court Jeju Branch on February 15, 2019.

On March 13, 2019, at around 21:00, the Defendant driven a e-learning car without obtaining a driver's license from the 1km section from the roads near the B market in Incheon City to the D adjacent roads in Incheon City, and without obtaining a driver's license, while under the influence of alcohol with 0.102% of the blood alcohol concentration.

Therefore, even though the defendant violated the prohibition on drinking under the Road Traffic Act not only twice without obtaining a driver's license, he again driven a motor vehicle while under influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, wear of accident, actual condition survey report, and photograph of the scene of accident;

1. Report on the circumstantial statement of a drinking driver, investigation report, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Application of double-entry Acts and subordinate statutes, such as criminal history records, investigation reports (verification twice the records of sound driving), and summary orders;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The following circumstances for sentencing under Article 62-2 of the Criminal Act, and the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime is committed.