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

On July 5, 2007, the Defendant issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch, and on February 5, 2018, the Defendant issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the same court.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice again, driven a F Mtz car under the influence of alcohol concentration of 0.164% without obtaining a driver’s license from the front of a restaurant in Jinju-si B to the E convenience store in the same city D, around October 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Notification of the control of drinking driving;

1. Protocol of the police statement concerning G;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records, investigation reports (applicable to the previous convictions and binding of summary orders);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation has three times the offenses of violation of the Road Traffic Act, and four times the offenses of violation of the Road Traffic Act.

The blood alcohol concentration of this case is 0.164% higher.

However, it shall be considered in favor of the fact that it is only one time of drinking driving during the last five years.

In addition, the defendant's age, character and conduct, environment, circumstances of this case, means and results, etc. shall be considered in consideration of all the sentencing conditions as shown in the argument in this case.