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 February 16, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Central District Court, and on December 23, 2015, a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On October 27, 2018, at around 01:05, the Defendant, without a car driver’s license, driven a vehicle from the front side of the Michuhol-gu Incheon Metropolitan City B market to the roads front of the 263 drawing IC, under the influence of alcohol concentration of approximately 0.105% at a 200-meter radius from the roads front of the 263 drawing IC.

As a result, the defendant had been punished not less than twice due to drinking driving, and was engaged in driving without a license at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports (former records and binding of summary orders) and statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment: Imprisonment with prison labor for not less than six months but not more than one year and not more than six months;

2. As for each crime in the holding of the sentencing criteria, no sentencing criteria are yet provided, and the sentencing criteria shall not apply because they are mutually competitive relations.

The defendant was in the state of the cancellation of the driver's license at the time of imprisonment for eight months and the suspension of execution for two years, and there was a record of fine two times due to the violation of the Road Traffic Act.