A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On December 20, 201, the Defendant was issued a summary order of KRW 3 million at the Seoul Western District Court, and on November 13, 2015, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million at the Gangwon District Court’s High Court’s High Court’s High Court’s Office.

On January 13, 2018, at around 23:21, the Defendant driven a motor vehicle without obtaining a driver's license from a non-road located in the Yeongdeungpo-gu Seoul Metropolitan Government Large-ro, Yeongdeungpo-gu to the front road of 156, for approximately 1km from a section of approximately 0.083% alcohol concentration among blood, and without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Report on the circumstances of driving without a license, and the driver’s license ledger;

1. Previous conviction: Application of an inquiry inquiry, such as criminal history, and a report on investigation (report on confirmation of criminal history of the same kind of crime);

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. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of a punishment (the punishment provided for a crime of violating the Road Traffic Act with heavier punishment and the choice of imprisonment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act (the selection of punishment, mitigation of amount of punishment, suspension of execution, etc.) of the Act on the Order to Provide community service and attend lectures (the punishment) include four criminal records of the defendant, the details and contents of the crime, the circumstances before and after the crime, the defendant's age, sexual behavior, environment, etc.