A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On May 30, 2017, the Defendant was sentenced to the suspension of indictment for a violation of road traffic laws at the Seoul Northern District Prosecutors’ Office, and was sentenced to a fine of two million won for the same crime at the Seoul Northern District Court on November 19, 2017.

[Criminal Facts]

1. On April 5, 2018, the Defendant: (a) driven a C-car under the influence of alcohol content of 0.073% in alcohol during blood without obtaining a driver’s license from the front of the 139-ro 139-gil, Gangnam-gu, Seoul, Seoul, to the front of the 78-ro 7rd-ro, the same provincial-ro 70-o, the same provincial-ro 1km.

2. On April 5, 2018, the Defendant violated the Resident Registration Act: (a) around 10:28, the Defendant was subject to drinking on the road in front of the Seoul Southern-gu D Building; (b) was asked about personal information from the border F of the Seoul Gangnam-gu Police Station E, Gangnam-gu, Seoul; (c) was a type G with which his/her personal information was not living together; and (d) had his/her resident registration number (H).

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes for reporting voluntary accompanying;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 37 subparagraph 10 of the Resident Registration Act (the point of illegal use of resident registration number) concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had already been controlled twice due to drinking driving, and in addition, the Defendant had already driven the instant drinking or non-licensed driving.