A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] On August 27, 2012, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on July 3, 2018, the same court received a summary order of KRW 3 million for a crime of violating the Road Traffic Act.

[2] Defendant 1 driven B car under the influence of alcohol concentration of about 0.107% during blood alcohol level without obtaining a driver’s license in the section of about 2 km, from the front of the Joseon-gun cafeteria cafeteria located in the Southern-gun, Young-gun, Nam-gun, Namcheon-gun, Namcheon-gun, Nam-gun, Seoul, on August 8, 2018, even though he had violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (including summary order attached thereto) to Acts and subordinate statutes;

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 the Commercial Competition;

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. An order to attend a school shall be punished by imprisonment with prison labor in a lump sum, taking into account the Defendant’s records of punishment for drinking alcohol, the last penal records, the distance between the instant crimes (not only one month but only one month), the details of the revocation of the driver’s license (the revocation of the driver’s license by drinking driving on July 2018), etc., as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act.

In addition, the alcohol concentration in blood, the circumstances leading up to the driving without a license, the distance and place of driving without a license for drinking, the age, sex, environment of the defendant;