A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 30, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court, and on January 3, 2017, the Busan District Court issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act.

[2] On December 12, 2017, the Defendant was under the influence of alcohol of 0.142% in blood without a vehicle driver’s license on December 21, 2017, and the Defendant driven a Cspo-type car at approximately 30 meters in a section of about 30 meters in front of the 334-16-ro of the iron-line in Busan, the steel-line in Busan, the steel-line in Busan, to the road front of the Cspo-type in the Cspo-type.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Article 148-2 (1) and (1) and Article 44 (1) of the Traffic Act applicable to the facts constituting an offense, and Articles 152 (1) and 43 (Unlicensed Driving) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the fact that the defendant's reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures repeats drinking and unlicensed driving within a short period, the defendant seems to have failed to understand the importance of traffic laws and regulations on the risk of drinking driving.

In addition, the Defendant was driving the instant drinking without a license, and the alcohol level at that time is considerably high, and in light of this, there is a need to strictly punish the Defendant.

However, it seems that the defendant is late against the defendant.