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 February 1, 2010, the Defendant issued a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), the summary order of KRW 1,500,000 as a fine for the same crime in the same court on September 2, 2013, and the summary order of KRW 3 million as a fine in the same court on September 5, 2016.

Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, on December 30, 2017, the Defendant driven B rocketing car at approximately 100 meters from the front of the 21st apartment road in the same Eup/Myeon as the Defendant was under the influence of alcohol level of 0.164% in blood while under the influence of alcohol leveling around 18:20 on December 30, 2017 without obtaining the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative imprisonment with prison labor (on several occasions, taking into account the fact that the person had been punished for drinking driving, but the person committed the crime in this case at the same time, the fact that the record of the crime in this case is not abundant, and the fact that the blood alcohol concentration in this case is considerably high);

1. Circumstances under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of quantity (i.e., the absence of criminal records of the same kind exceeding fines, the fact that the economy seems considerably difficult, and the fact that the person shows an attitude to recognize mistake and reflect in depth);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;