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

On July 24, 2008, the Defendant received a summary order of KRW 5 million from the Seoul Western District Court on July 31, 2017 as a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drinking driving).

Although the Defendant had a alcohol driving force twice or more as above, on March 24, 2018, while under the influence of at least 0.113% of alcohol during blood without a vehicle driver’s license, the Defendant driven a Btosk car from approximately 1 km in the same city, Seoyang-gu, Seosan-gu, Dong-gu, Sinsan-dong Public Parking Lot for Lone Star Co., Ltd. to Sinsan-gu, Seosan-gu, Seosan-gu, the 17th century to the front of the 17th city in the Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, and investigation report (report on the situation of the driver of drinking);

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation, and copy of summary order Acts and subordinate statutes;

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is to recognize all the crimes of this case and reflect their mistakes.

However, even though the Defendant had had had been punished twice due to drinking driving and five times due to driving without a license, the Defendant again committed the same kind of crime in this case without being aware, and it seems that the Defendant’s intent to comply with traffic laws and regulations is very weak.

It is necessary to punish defendants who repeat the same mistake more strictly.

(e).