A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On May 18, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act by the Ulsan District Court, and on February 24, 2009, issued a summary order of KRW 4 million for the same crime by the same court, and on June 1, 2016, issued a summary order of KRW 5 million for the same crime by the same court.

On July 15, 2017, the Defendant driven a car C car without obtaining a driver’s license in the state of alcohol concentration of about 0.093% in alcohol level on a road located near the Taecheon-gu, Ulsan-si, Ulsan-si, Ulsan-si, Ulsan-do, Seoul-do, to the public parking lot street near the Ulsan-do, Ulsan-do.

Accordingly, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) without a driver's license, and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Involving the ledger of driver's licenses, the results of crackdown on drinking driving, the circumstantial report on the driver's licenses, and the inquiry into the following:

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

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

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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;