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 December 18, 2015, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on June 27, 2017, a summary order of KRW 5 million for a violation of the Road Traffic Act was issued by the Seoul Central District Court.

On October 9, 2017, at around 07:40, the Defendant driven a DNA car without a driver’s license in the state of being drunk from around 07:40, Gangnam-gu Seoul, Seoul, to around 11:1:207% of alcohol concentration in blood at around 2km-ro, Gangnam-gu, Seoul, to the 11:12:2.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle in the influence of alcohol again while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of occurrence of traffic accidents prepared by E;

1. A survey report on actual conditions;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. The ledger of driver's licenses of the motor vehicle and the register of the motor vehicle against the accused;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 13 times a year), each summary order (No. 14 times a moment);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The circumstances include: (a) the choice of imprisonment with prison labor chosen for a sentence (the Defendant already punished for driving under drinking two times; (b) the Defendant again committed the instant crime; (c) the Defendant was notified of a summary order due to driving under drinking on June 2017; and (d) driving under drinking again for a few months; and (c) the amount of alcohol concentration during the blood transfusion at the time of detection is very high.