A defendant shall be punished by imprisonment for not more than ten 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

On August 17, 2010, the Defendant was punished for violating Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million for a violation of the Road Traffic Act from the Ulsan District Court on August 22, 2016, a summary order of KRW 3 million for the same crime from the Gwangju District Court on August 22, 2016, and a summary order of KRW 7 million for the same crime from the same court on August 9, 2017, respectively.

On May 28, 2019, at around 23:40, the Defendant driven a dlearning car with a blood alcohol concentration of about 0.120% without a driver’s license from around 200 meters to around C around C at around 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and Acts and subordinate statutes (Attachment to outputs of a summary order of the same type of power);

1. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the crime

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. To select and punish imprisonment at once with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, taking into account the defendant's records of punishment for driving without a license for drinking, distance and place of driving without a license for drinking alcohol, the occurrence of accidents, the defendant's age, character and conduct, environment, circumstances after the crime, etc., and then determine the punishment as ordered in consideration of the degree of punishment exceeding the fine for the same kind of crime.