A defendant shall be punished by imprisonment for six 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 December 15, 2009, the Defendant was issued a summary order that imposes a fine of two million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on the charges of violating the Road Traffic Act, and on October 12, 2017, the same court issued a summary order that imposes a fine of five million won for a crime of violating the Road Traffic Act (driving).

[2] On July 27, 2018, the Defendant driven a BGV theater in the vicinity of the DGV theater located in Ischeon-si, Leecheon-si from around 23:08 to Leecheon-si, Leecheon-ro, 1180, in a section of about 1km of alcohol during blood without a driver’s license, while under the influence of 0.052% of alcohol during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous conviction in judgment: Inquiry about criminal history 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with 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 Defendant’s reasons for sentencing Article 62-2 of the Criminal Act, including the records of the judgment, has a total of three times the records of punishment for drinking driving.

Even though a license is revoked due to drinking driving, it is not good to commit a crime by driving without a license in a drinking state.

However, it shall be taken into account that the drinking volume was not so high.

In addition, the sentencing conditions, such as the age, sex, environment, etc. of the defendant, shall be considered, and the punishment shall be determined as ordered.