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

[2] On April 5, 2010, the Defendant issued a summary order of KRW 2 million to a fine for a violation of road traffic law (driving) at the Ulsan District Court on April 5, 201, and a summary order of KRW 6 million at the same court on January 28, 2014, respectively.

[2] On July 21, 2018, the Defendant driven a Chive-p motor vehicle under the influence of alcohol leveling 0.175% while under the influence of alcohol leveling 0.175%, without obtaining a driver’s license, from around the road in the south-gu Seoul Metropolitan City, Nam-gu, Ulsan Metropolitan City to the road in front of the school in the same Jung-gu, Jung-gu, Seoul Metropolitan City.

As a result, the defendant driving a motor vehicle without a driver's license and at the same time violated the prohibition of drinking under the Road Traffic Act not less than twice, and driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of the same previous convictions) and application of a copy of each summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above defendant shall be repeatedly considered);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, is committed at night by the defendant.