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

[criminal history] On December 29, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On May 30, 201, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving), and on May 23, 201, on May 23, 201, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving).

[Criminal facts] On September 6, 2017, the Defendant driven D Poter Cargo with about 7 km from the front day of the Songwon cafeteria in Busan-si to the front day of the same Myeonsan 1-3rd day of the same Myeongsan. On September 6, 2017, the Defendant driven D Poter Cargo with about 0.112% alcohol concentration in blood without a driver’s license.

As a result, the Defendant again driven a motor vehicle without a driver's license in violation of the prohibition of drinking driving under the Road Traffic Act, which violates the prohibition of driving under the above influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photo, a report on the detection of a driver at the main place, a written investigation report, a criminal investigation report, and a driver's license

1. Records of judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (the same criminal record as the suspect);

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

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 for Reduction of Quantity (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act, including the fact that the accused is able to have the criminal records of the same kind of crime, the confession of the accused, the disposal of the vehicle without good faith

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;