A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[Power of crime] On April 24, 2007, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 10, 2007. On September 10, 2007, the Defendant was issued a summary order of KRW 1 million by the same court as a violation of the Road Traffic Act (driving). On October 7, 2011, the Seoul East East District Court issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Non-licensed Driving). On March 11, 2015, the Defendant was issued a summary order of KRW 8 million by a fine for a violation of the Road Traffic Act.

[2] On March 1, 2018, around 04:15, the Defendant driven a C-ray car under the influence of alcohol concentration of about 2 km from the intersection of the office in front of the office in the Gwanak-gu Seoul Special Metropolitan City to the 12nd road of the court complex in Gwanak-gu, Seoul Special Metropolitan City without a driver’s license.

As a result, the Defendant, while driving a motor vehicle without a driver's license, has a record of being punished by driving a motor vehicle under the influence of alcohol more than twice, but has again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant’s legal statement

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to investigation reports (applicable to the same type of judgment and 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 of ordinary concurrent crimes (Punishment provided for in a crime of violating the Transport Act of heavy types of 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 suspension of execution (Consideration of confession, details of cases, record of crimes, etc.);