A defendant shall be punished by imprisonment for not more than ten 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 Power】 On June 13, 2016, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Seocho Branch of Chuncheon District Court due to a violation of the Road Traffic Act, and on November 13, 2017, the same court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On July 26, 2018, the Defendant driven a f-hurd vehicle with a blood alcohol concentration of 0.182% under the influence of alcohol without obtaining a driver’s license from around 50 meters to the “E” intersection in the front of the “Ccafeteria” in Yangyang-gun B, Yangyang-gun.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving in violation of the above provision, and was driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of traffic accidents, report on the actual situation, report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of all the following conditions of sentencing, including the defendant’s age, character and conduct, environment, background, means and result of the crime, and the circumstances after the crime.

A favorable circumstances: The defendant committed the instant crime without any awareness of any particular crime even though he/she had a record of being punished by a fine due to drinking driving in 2016 and 2017, which is disadvantageous to the defendant's recognition of the crime. The defendant is driving under the influence of alcohol and eventually making the accident.