A defendant shall be punished by imprisonment with prison labor 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

On October 23, 2013, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act in the Gwangju District Court’s support on October 23, 2013, and was sentenced to a fine of 3 million won for the same crime in the same court on September 18, 2014, and was sentenced to a fine of 3 million won for the same crime on at least two occasions.

On October 6, 2018, at around 20:30, the Defendant driven CPoter car with alcohol content of about 0.162% while under the influence of alcohol without obtaining a driver’s license from the front of the first apartment road in the same 141, the same Gun from the front of the first apartment road in the Jinjin-gun, the Jinjin-gun, the Jinjin-gun, the Seoul High-ro. The Defendant driven Cpoter car in the state of under the influence of alcohol content of about 0.162% without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report, on-site survey photograph and explanation, notification of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment to the same judgment, etc.);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the following factors: protection observation, order to attend lectures, community service, elements of sentencing under Article 62-2 of the Criminal Act, and other factors of sentencing, including the defendant’s age, sex, environment, circumstances of crime, circumstances before and after the crime, and all the conditions of sentencing as shown in the arguments, the sentence shall be determined as ordered.

The elements of favorable sentencing: The fact that the defendant recognizes his mistake and reflects his mistake, and there is no record of criminal punishment exceeding the fine.

It is an unfavorable sentencing factor: The blood alcohol concentration is relatively high, and the same kind of criminal records and two times each.