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 February 1, 201, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 5 million by the same court on January 10, 2018 for a crime of violating the Road Traffic Act (drinking driving).

[2] On November 18, 2018, the Defendant, without a vehicle driver’s license on November 18, 2018, driven B Coin car while under the influence of alcohol content of about 0.156% at a distance of about 300 meters from the 37-day coast wharf of Jung-gu Incheon, Jung-gu, Incheon to the 37-way coast wharf, as well as the 202-way road.

As a result, the Defendant, who was punished twice or more due to drinking, was driving again, while driving at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of each written inquiry, such as criminal history, investigation report (former and binding of the same and the summary order), and application of each written summary order;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the defendant, such as the defendant's operating of a vehicle without a driver's license under the influence of alcohol, and the crime of this case is not less than that of the crime, and the defendant has been subject to criminal punishment three times due to driving of alcohol even before being found, and the defendant's blood content concentration exceeds 0.156% at the time of detection

On the other hand, there is no record of criminal punishment exceeding the fine due to the same crime that the defendant acknowledges the crime of this case and reflects the mistake.