A defendant shall be punished by imprisonment with prison labor for up to 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 February 1, 2013, the Defendant was issued a summary order of KRW 5 million at the Suwon District Court’s horizontal Housing Site as a crime of violation of the Road Traffic Act, and a summary order of KRW 7 million was issued on July 21, 2017 at the Suwon District Court’s Pyeongtaek District Court’s Eunpyeong Housing Site as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 16, 2018, at around 19:20, the Defendant driven a F low-speed car while under the influence of alcohol content of 0.154% without obtaining a driver’s license from the front of C in Ansan-si B to the front of E in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders of the same criminal records as a suspect);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished again for the crime of violation of the Road Traffic Act, but the nature of the crime in this case is not very good, but there is no record of the crime exceeding the fine, and the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and behavior, environment, circumstances leading to the crime, circumstances after the crime, etc.