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

On August 29, 2013, the Defendant was issued a summary order of a fine of four million won for a crime of violating road traffic law in support of Sungnam-gu Friwon, and on January 29, 2016, the Defendant was issued a summary order of a fine of four million won for a crime of violating road traffic law in support of Sungnam-gu, Daegu District Court Kimcheon, which was issued on January 29, 2016.

On November 5, 2016, the Defendant driven B K3 cars under the influence of alcohol level of about 0.19% without obtaining a driver’s license in the section of about 1km from the front of the cafeteria referred to as “high charcoal GGGGGGGGGGGGGGGGGGGGGG 22-1 to the 34th lower-class road of the same Myeon, a year from the 1km to the same MyeongGGGGG.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;