A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On December 22, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court on December 22, 2016, and completed the execution of the sentence at the Suwon Detention House on May 12, 2017.

On November 13, 2013, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on September 5, 2018, a summary order of KRW 5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On June 13, 2019, around 04:12, the Defendant driven a B rocketing car without obtaining a driver’s license at a distance of approximately 500 meters from the Geumnam-si to the Orasi-ro 193 (Yasan-dong) from the Geumsi-si to the Orasi-ro.

As a result, the Defendant violated the regulations prohibiting drinking driving twice, and was engaged in driving without a license at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, list of related cases, and application of respective statutes of judgment;

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. Article 35 of the Criminal Act among repeated crimes;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, committed a second offense despite the fact that he/she had been punished several times due to drunk driving.

Furthermore, the Defendant was sentenced to a punishment for fraud as before the judgment, and was released on May 12, 2017, and accordingly, the Defendant was able to drive under the influence of alcohol only during the period of repeated crime.

In addition, it is sentenced to a fine of two times during the same period of repeated crime.