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 December 28, 2017, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on December 28, 2017, and was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on August 10, 2018.

【Criminal Facts】

On April 21, 2019, at around 00:20, the Defendant driven D SM5 car under the influence of alcohol concentration of 0.077% without obtaining a driver's license in approximately 2km section from the front of Guro-gu Seoul to the front of Guro-gu Seoul.

Accordingly, the Defendant, who violated the prohibition of driving at least twice without obtaining a driver's license, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;