1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On March 14, 2012, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) at the Suwon Flag Station on March 14, 2012, and KRW 5 million as a fine for the same crime at the same court on August 24, 2016.

[2] Notwithstanding the criminal history of drinking driving two times, the Defendant, while under the influence of alcohol at around 20:43 on December 16, 2017 without obtaining a driver’s license, driven a rocketing car at approximately 150 meters away from the Do in front of a cafeteria in the name of the Ministry of Government Administration and Home Affairs of the Republic of Korea to the front day of the 3-lane 26-1 in the same Eup/Myeon under the influence of alcohol at around 0.105% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act for an order to attend a lecture and an order to provide community service [the scope of punishment] The punishment as ordered shall be determined by taking into account the following circumstances, such as the Defendant’s age, sex, environment, motive for committing an offense, and circumstances after committing an offense: (a) imprisonment with prison labor for six months or more; (b) imprisonment with prison labor for one year and six months; (c) and (d)

Unless the defendant is aware of the fact that he had been punished twice due to drinking driving, the defendant committed the crime of this case without being aware of the fact that he had been punished for a fine, and caused physical accidents: The defendant is aware of his mistake and seriously against him.