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.

Punishment of the crime

[criminal history] The Defendant was issued by the Changwon District Court on November 18, 2013 a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on September 26, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime in the same court.

[2] On January 23, 2017, the Defendant was under the influence of alcohol content of 0.114% in blood around 15:45, and was driving a B rocketing car from the 3km section to the front path of “lopped gas station in the same military hot spring,” located in the vicinity of the YY and the same military hot spring, from around 15:45 to around 925.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at drinking and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

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 sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the fact that there was a history of multiple punishment for the same kind of crime for sentencing under Article 62-2 of the Social Service Order Criminal Act (including one time of the suspension of the execution of imprisonment with prison labor) and the Defendant’s age