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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 28, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a crime of violating road traffic law (drinking driving), on August 29, 2016 by the same court, and on May 15, 2018, the Defendant was sentenced to a summary order of KRW 1 million for the same crime. On May 15, 2018, the Defendant was sentenced to a suspended sentence of one year for a crime of fraud and the judgment became final and conclusive on the 23th of the same month.

On April 12, 2018, the Defendant driven a coo motor vehicle in B under the influence of alcohol content of about 0.129% while under the influence of alcohol level of 0.129%, without obtaining a driver's license from the front of the youth training center located in Jindong, Jindong at the same time, to the front of the bean Island and the sea bean area located in the same time-dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into account the two preceding years and one time during the latest five years);

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;