A defendant shall be punished by imprisonment for not more than ten 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 January 4, 2013, the Defendant issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving alcohol) in the Daegu District Court and the racing support; on September 10, 2015, a summary order of KRW 1 million for the same crime in the same court; and on June 27, 2016, a summary order of KRW 6 million for the same crime was issued in the same court.

[2] On March 25, 2018, the Defendant: (a) from the parking lot under the direction of the head of Si/Gun/Gu of Yan-dong on the racing on March 25, 2018 to the roads under the four-distance distance from the Yan-dong, Young-si; and (b) without obtaining a driver’s license on a section of about 300 meters from the 300-meter to the roads under the direction of the above head of Si/Gun; and (c) drive the Bone Star Faex under the influence of alcohol concentration of 0.08%.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol without a driver's license in violation of the prohibition on driving under the Road Traffic Act, which violates the prohibition on driving under the above influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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. Although an order to attend a lecture is possible to have the same criminal history as that of sentencing in Article 62-2 of the Criminal Act, the driving without a driver's license is heavier than that of an order to attend a lecture.

Provided, That the punishment as ordered shall be determined by taking into consideration the confession and reflective points, the degree of alcohol concentration during blood, the age, health status, circumstances after the crime, etc. of the defendant.