A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal power] On October 22, 2013, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on September 14, 2018, the same court issued a summary order of KRW 4 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On May 28, 2019, around 04:40 on May 28, 2019, the Defendant driven a e-mail car while under the influence of alcohol with 0.062% of alcohol concentration, even though the car driver’s license was revoked in approximately 400 meters from the C history in Eunpyeong-gu Seoul Metropolitan Government to the front road in the same Gu D.

As a result, the defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including that there is no previous conviction other than fine, and that there is no traffic accident at the time of committing the instant crime);