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 December 11, 2015, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law in the Seosan Branch of the Daejeon District Court on December 11, 2015. On November 4, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime in the Seocheon Branch of the Daejeon District Court.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as above, on November 9, 2017, the Defendant was under the influence of 0.082% of alcohol in blood without a vehicle driver’s license on November 23:0, 2017, and was driving B EXE car at a section of approximately 1.5 km from the front of the “041 Kap" road in Seongbuk-gu, Seoan-gu, Seoan-gu, Seoan-gu to the third road in the 26th of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

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 (A);

1. Application of an inquiry letter, such as criminal history, report on the result of confirmation on the disposition, and statutes;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act, such as the protection and observation, the order to provide community service and the order to attend a lecture, is a very dangerous crime that may cause the occurrence of traffic accidents by enhancing the possibility of traffic accidents, and thus, not only itself, but also the life and home of others, and even in order to prevent such a crime, the Defendant is bound to bear strict responsibility for the relevant acts. The Defendant committed the instant crime even though he had been punished two times of drinking driving and two times of non-licenseless driving within three years from the instant case, and the Defendant committed the instant crime. On the other hand, the Defendant committed the instant crime.