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 November 2, 2007, the Defendant was issued a summary order of a fine of KRW 700,000 for a crime of violating the Road Traffic Act at the Ulsan District Court on November 2, 2007, and on April 20, 2016 by the same court on April 20, 2016.

On April 15, 2018, the Defendant driven C Launa car at a distance of about 500 meters from the nearest to the road located in the Chungcheongnam-gu, Ulsan-dong without a driver's license to the road located in the same Dong and located in the same Dong-dong, in the state of alcohol concentration of 0.082% among the blood transfusions around 17:30 on April 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense (the choice of each disciplinary type)

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

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 the reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to driving under the influence of alcohol, it again leads to the crime of this case. On the other hand, it is necessary to repent in depth after the crime and not repeat the crime.

The sentence like the order shall be determined by taking into account the following facts: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., and the execution of the sentence shall be suspended, and community service and order to attend the lecture shall be issued.