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

【Criminal Power】 On September 12, 2008, the Defendant issued a summary order of KRW 1.5 million at the Incheon District Court to a fine of KRW 1.5 million, a summary order of KRW 5 million for the same crime in the same court on November 5, 2015, and a summary order of KRW 6 million for the same crime in the same court on October 11, 2018, respectively.

【Criminal Facts】 Around January 10, 2019, the Defendant driven a DNA car under the influence of alcohol level of 0.10%, without obtaining a driver’s license, from the road in front of the Defendant’s residence in Jung-gu Incheon Metropolitan City, to the road in front of the same Gu C, and without obtaining a driver’s license in a section of about 200 meters from the road in front of the same Gu C.

As a result, although the defendant had been punished more than twice as a crime of violation of the Road Traffic Act, he did not obtain a driver's license, and driving a vehicle while under the influence of retoxicated.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to the records of sound driving);

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

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. Order to attend lectures under Article 62-2 of the Criminal Act;