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.

On March 23, 2012, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on March 23, 2012, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on January 26, 2018. In addition, the Defendant is a person who has the same driving force of drinking twice more.

Criminal facts

On August 27, 2018, the Defendant, without obtaining a driver’s license on a motor vehicle on around 02:12, driving a motor vehicle with approximately 50 meters of 50 meters of fluent B fluent in the shape of alcohol concentration of 0.097% in blood, from the influence of the Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the “Seoul Special Metropolitan City Gwangjin-gu”) to the roads within the tunnel of the square located in the 716th square, as prescribed

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of judgment attached thereto) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant driven a vehicle without a license under the influence of alcohol even though he/she has been subject to criminal punishment on several occasions due to drinking and driving without a license, and the liability for the crime is not easy.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected his mistake, and the distance of driving under the influence of alcohol was relatively short.