A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 29, 2013, the Defendant: (a) was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving); (b) on December 19, 2017, a person who was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving); and (c) on December 15, 2018, the Defendant was driving a car under the influence of alcohol concentration of KRW 0.065% while under the influence of alcohol concentration in blood alcohol at around 00:30 on December 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The previous conviction on the driver's report on the circumstance of driving under the police interrogation protocol, the driver's report on the situation of driving without a license, and the driver's report on the result of crackdown on driving under influence of alcohol: (A) a response to inquiry, such as criminal history, and the application of Acts and subordinate statutes to the investigation report (the confirmation of

1. Article 148-2(1)1, Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Prior to the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution, the Defendant committed the instant crime of driving a motor vehicle without a driver’s license while under the influence of alcohol 0.065% in the blood transfusion, even though he/she had been subject to punishment twice due to drinking driving.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.