A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence 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 January 5, 2007, the Defendant was issued a summary order of KRW 1 million with respect to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, etc. On November 1, 2007, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of road traffic law in the residents support of the Daegu District Court on November 1, 2007. On October 1, 2007, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of road traffic law. On October 17, 2017, the Defendant driven a vehicle under the influence of alcohol on two or more occasions, such as a summary indictment for a violation of road traffic law (driving) at the Southern District Court of Seoul Southern District Court on November 23, 2017.

[2] On April 2, 2018, the Defendant, without a driver’s license, driven a C QM5 vehicle on the front road of the oil station in which the trade name located in the ward at the time of harmony cannot be known while under the influence of alcohol level of 0.107% during blood transfusion on April 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. A driver's license inquiry;

1. Previous convictions as indicated in the judgment: Inquiry about foreign crime history, investigation report (a copy of indictment, etc.), a copy of indictment, details of case progress, investigation report (a copy of summary order, etc.), copy of summary order, and application of the statutes governing the judgment;

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. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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 extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Circumstances unfavorable to the defendant for sentencing under Article 62(1) of the Criminal Act (recognating the grounds for reduction of amount): The criminal records of the same kind and four times (excluding cases in which the trial is pending, once a suspended sentence of imprisonment with prison labor due to drinking and driving without a license, and once a fine, except for cases in which the trial is pending);