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.

Criminal facts

【Criminal Records of Crimes】 On June 1, 2016, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic laws at the Ulsan District Court on the same day, on December 14, 2016, to a fine of KRW 2.5 million for a violation of road traffic laws (driving without a license) and a violation of road traffic laws (driving without a license) in the same court.

【Around May 2, 2018, the Defendant driven B-low-income car under the influence of alcohol content of approximately 0.182% from a 500-meter section to the front road of Ulsan-gun, Ulsan-gun, U.S., U.S., U.S., a 16-ro 1, U.S. Eup-Myeon, a 23:00 U.S. Do, under the influence of alcohol content of blood at around 0.182%.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report attached to a summary order, etc. of the suspect's previous history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reason for sentencing of Article 62-2 of the Criminal Act on the protection and observation of the order to attend the school and Article 62-2 of the order of education is very high in alcohol concentration among the blood of this case, and in addition to the criminal records as stated in the judgment, it was punished as a crime of violation of the Road Traffic Act in 2004. This is the 4th alcohol driving, and in light of the above, the vehicle operated by the defendant without a license in the criminal records as the vehicle of this case, the vehicle of this case is the vehicle of this case, and in light of this, there is a risk of recidivism