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.

On June 11, 2008, the Defendant issued a summary order of a fine of KRW 2 million at the Seoul Northern District Court for a violation of the Road Traffic Act, and on September 21, 2018, a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Jung-gu District Court on September 21, 2018.

Criminal facts

On April 2, 2019, at around 23:23, 2019, the Defendant driven CroccoC car with approximately 10km alcohol concentration of about 0.103% while under the influence of alcohol without obtaining a driver's license from the front side of the compost 545, Chuncheon-ro, Chungcheongnam-si, Chuncheon-si, to the front side of the Namyang-si, Namyang-si.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and was punished for drinking more than twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Investigation report (related to blood alcohol concentration);

1. Previous records of judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (suspect's drinking driving, non-licensed driving, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

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 extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has been two times for drunk driving, and the defendant has been subject to criminal punishment once for driving without a license, but has also driven a vehicle without a license under the influence of alcohol.