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.

[criminal history] On August 10, 2017, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and on October 26, 2017, the Defendant was indicted for the same crime in the same court on the same day and has been serving two or more times during the trial.

[Criminal facts] On October 21, 2017, the Defendant driven a balp motor vehicle with approximately 300 meters alcohol concentration of 0.103% under the influence of alcohol without a motor vehicle driver’s license from the front road of the Geumsan shop parking lot located in the Nam-si, Seoul Metropolitan City around 23:20 on October 21, 2017 to the front road of the Geum River.

Therefore, although the defendant had a record of driving a drinking vehicle more than twice, he again driven the vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. A motor vehicle driver's license ledger and a written inquiry about the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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, on the grounds of sentencing Article 62-2 of the Criminal Act, has already violated the prohibition on drinking in limited years in 2017, but again committed the instant crime, and the driving of drinking constitutes a crime that may cause serious harm to another person’s life and body, and the need for strict punishment is an unfavorable circumstance to the Defendant.

However, the fact that the defendant reflects the mistake, etc. is considered as favorable to the defendant, and at the time of this case.