A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 31, 2014, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1 million, and on May 26, 2016, a summary order of KRW 5 million was issued by the Incheon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

On November 26, 2018, at around 23:10, the Defendant driven a Fpoter truck under the influence of alcohol content of 0.147% without obtaining a driver’s license from a section of approximately 700 meters from the front of the “C” restaurant located in Jung-gu Incheon Metropolitan City, to the front of the “E beach” road located in Jung-gu, Incheon.

As a result, the defendant, who violated the prohibition of drinking driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the prohibition of drinking driving again, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver without any license, and the report on the circumstances of the driver without any license;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: The results of inquiry, such as inquiry by residents, the investigation report, and the application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act reflects the Defendant’s mistake. However, in light of the fact that the blood alcohol concentration was considerably high at the time of the detection of the instant case, the Defendant was punished four times due to drinking driving, and the Defendant’s punishment of fines is deemed not significant since the effect of suppressing the relevant crime is considered as imprisonment, even though the driver’s license was revoked in 2015.