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 September 21, 2015, the Defendant was sentenced to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) in the Incheon District Court’s Branch Branch on September 21, 2015, and a fine of KRW 4 million as a fine in the same court on August 23, 2016, respectively.

On June 21, 2018, the Defendant, without obtaining a driver’s license, driven a B-te motor vehicle from approximately 500 meters away from the section of 500 meters away from the section of 500 meters to the road of the Namyang-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, under the influence of alcohol content of 0.148% in blood while under the influence of alcohol during blood.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and driven a motor vehicle without a driver's license while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Application of an inquiry letter, such as criminal history, an inquiry report (former and attachment of the summary order) and 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. 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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., grounds for the aforementioned mitigation and the fact that there are children whom the defendant should support);

1. The community service order under Article 62-2 of the Criminal Act;