A defendant shall be punished by imprisonment with prison labor for up to six 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 March 21, 2008, the Defendant was issued a fine of KRW 700,000 to the Daejeon District Court for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 1.5 million to the same crime in the same court on April 1, 2008, and a fine of KRW 5 million to the same court on December 12, 2016, respectively.

The Defendant is a person who has been punished for committing a violation of road traffic law (drinking driving) more than twice, and is driving B Ma-ray vehicles.

On August 31, 2017, the Defendant driven the said vehicle under the influence of alcohol by 0.103% of alcohol concentration in blood without obtaining a driver’s license from a section of approximately 1.5km from the front of the Seo-gu Daejeon Civil Park, Daejeon, Daejeon, which is located in the same Gu and Dong, to the road in front of the same Gu-dong, and from around 1.5km in the same Gu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger and the driver's license ledger;

1. Investigation report (report on the situation of the driver in charge), records of crackdown, and on-site photographs;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

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

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. Despite the majority of the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, when considering the repeated driving of a license without drinking, high drinking level, etc., the defendant should be punished strictly. However, the fact that the defendant's mistake is recognized, and the fact that the defendant's age, sexual behavior, family environment, etc. are reflected in the records, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing indicated in the records.