A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On August 27, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for the same crime in the same court on September 16, 2014, respectively.

On March 1, 2018, at around 02:50, the Defendant driven a B rocketing car with approximately 0.155% alcohol concentration in blood without obtaining a driver’s license from the front side of the 5-dong-Si, Changwon-si, Changwon-si to the front side of the 2nd apartment of the 3km-gu, Changwon-si, and located in the 91-dong-gu, Changwon-si, Changwon-si, Seoul-si, and the front side of the 3km apartment.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

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;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (reports attached to the previous summary order of the suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course had a record of being punished twice due to drinking driving, the Defendant already committed each crime under the ruling, namely, driving of drinking or non-licensed driving.

Therefore, the defendant is sentenced to imprisonment because it is difficult to achieve the purpose of punishment any more.