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

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

Punishment of the crime

On June 24, 2014, the Defendant issued a summary order of a fine of four million won for a violation of road traffic law (driving alcohol) at the Jung-gu District Court Goyang Branch on the following grounds: (a) on April 28, 2016, the Defendant issued a summary order of a fine of five million won for a violation of road traffic law (driving alcohol) at the Seoul Northern District Court on at least two occasions; (b) on April 28, 2016, the Defendant had been in violation of Article 44(1) of the Road Traffic Act on at least two occasions; (c) on April 8, 2018, the Defendant driven a vehicle at approximately 1.5 km from the nick-dong in Gangseo-gu Seoul Metropolitan Government, to the road near 501, without obtaining a driver’s license for a motor vehicle from around 1.5 km to the same airport as the former airport.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of criminal history of the same kind), and application of Acts and subordinate statutes of each summary order;

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 of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of alcohol and a 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 reasons for sentencing under Article 62-2 of the Criminal Act, other than the records in its reasoning, include two times the records of punishment for drinking driving, and other sentencing conditions such as the defendant's age, sex, environment, etc., set the sentence like the order.