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

[criminal history] On October 19, 2007, the Defendant received a summary order of KRW 5 million from the Daejeon District Court's Branch of the Daejeon District Court to a fine of KRW 5 million due to a violation of road traffic laws (drinking), and a fine of KRW 1.5 million due to a violation of road traffic laws (drinking) in the same court on June 25, 2012.

[2] On October 12, 2017, around 08:55, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.130% without a vehicle driver’s license in the direction of approximately 500 meters from the roads near the restaurant in which it is impossible to know the trade name located in the Yandong, Seo-gu, Seo-gu, Seocheon-si, Seocheon-si to the front of the apartment site in the same 1007.

As a result, the defendant violated the prohibition of drinking at least twice, and drives a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of drinking driving and non-licensed driving power), and application of each summary order and sentence attached thereto;

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 reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has already been punished for drinking alcohol driving or non-licenseing driving over several times, and again, the crime of this case is committed. However, the defendant is against his/her wrong recognition, the defendant has no record of being punished due to drinking driving since 2012, and other various kinds of sentences such as the defendant's age, sex behavior, motive and means of the crime, and circumstances after the crime.