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

On September 11, 2013, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, and on August 22, 2014, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for a violation of the Road Traffic Act at the credit support of the Suwon District Court, and was punished for a violation of the Road Traffic Act at least twice.

Nevertheless, at around 14:00 on May 25, 2019, the Defendant driven CK5 car without obtaining a driver’s license, from approximately 4 km section from the front of the restaurant located in Gangwon-si, Seoul Special Metropolitan City to the front of the Gangseo-si, Gangwon-si, Gangwon-si, to the front of the cafeteria, Seowon-si, Gangwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Registers of driver's licenses;

1. Previous convictions in judgment: The results of inquiry, investigation reports (verification of the same kind of records), each summary order, application of Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of a sentence (the punishment heavier than that provided for in the former Road Traffic Act shall be punished, and the choice of imprisonment shall be sentenced);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant, even though having been subject to punishment two times, was driving under the influence of alcohol again, and the blood alcohol concentration at the time of detection was relatively high.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.