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.

Criminal facts

[criminal power] On September 22, 2006, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Suwon District Court on September 2, 2006, and a summary order of KRW 3 million for the same crime in the same court on May 9, 2018.

【Criminal Facts】

On October 25, 2018, at around 02:00, the Defendant driven a D Coin car under the influence of alcohol level of 0.113% without obtaining a driver’s license from a section of about 2 km to the roads in front of the gas station located in the Sinsung-Eup in the Gunnam-si, Sungsung-si.

As a result, the Defendant, who violated the regulations on prohibition of drunk driving not less than twice, drives a motor vehicle while under influence of alcohol in violation of the regulations on prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. A scene of an accident and photograph of an accident vehicle;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and Acts and subordinate statutes governing investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act suspended execution (the following circumstances are taken into account: (a) the criminal defendant repents and reflects the crime of this case; (b) the criminal defendant has no record of criminal punishment except four times of fines; (c) the criminal defendant caused a traffic accident while driving a drinking or driving a license without permission; (d) the criminal defendant was punished by a fine on or around May 2018 and has not yet been re-offending; and (e) the degree of the criminal behavior of the criminal defendant at the time of the crime of this case

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;