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.

On December 4, 2009, the Defendant received a summary order of KRW 2 million from the Seoul Eastern District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On November 7, 2017, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

Criminal facts

On April 6, 2019, at around 03:26, the Defendant driven a vehicle with C Spo-type car at approximately 5km from the front of the cafeteria-dong and the front of the Seoul Gangdong-gu without obtaining a driver's license, under the state of driving alcohol level of 0.148%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the statement of the state of drinking drivers, and the report on the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Investigative report (in the case of changing the place of departure of a suspect driving vehicle);

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant driven a vehicle without a license under the influence of alcohol in spite of the past two times of criminal punishment (two times of fine) due to drunk driving, and the liability for the crime is not minor.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected the mistake, and that there was no record of criminal punishment exceeding the fine during that period, etc.

. The above.