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

[criminal history] On October 11, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of road traffic laws at the Changwon District Court on April 15, 201, and a fine of KRW 4 million for a crime of violation of road traffic laws at the same court on April 15, 2013, respectively. On August 29, 2018, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of road traffic laws at the Changwon District Court on July 29, 2018 and appealed for two years for a suspended sentence of one year for a crime of violation of road traffic laws.

[2] On August 12, 2018, at around 00:10, the Defendant driven a Category C car with alcohol content of about 0.214% while under the influence of alcohol without obtaining a driver’s license in a section of about 100 meters from the 100-meter radius to the front of a new bank located in the same Ri, Seodong-gu, Jin-si, Jin-si, Jin-si, Kimhae-si.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected victims of violating the Traffic Act (driving and driving without a license) on the road and reporting on the investigation thereof (report on the situation of the driver in charge);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (formers and investigation reports);

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 duty to observe the protection and attend lectures has been the same as the Defendant committed a second offense without being aware of the history of being punished or controlled four times due to drinking driving.

In particular, the defendant has been under the influence of drinking operation two months prior to his non-performance.