A defendant shall be punished by imprisonment for not more than ten 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 21, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on December 21, 2015, and a summary order of KRW 4 million for the same crime at the same court on May 31, 2017.

[2] On January 26, 2018, around 00:50, the Defendant driven a vehicle with CK5 vehicle under the influence of alcohol by 0.119%, without obtaining a driver’s license on the section from the front side of the Chin road to the front side of the Chin in the Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun to the front side of the Chin-si, Gosung-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on the driving of drinking alcohol, notification of completion of correction, report on the circumstances of the drivers of drinking alcohol, investigation report (report on the circumstances of the drivers of drinking alcohol), register of driver's licenses for motor vehicles (A), and inquiry into the main office;

1. Previous convictions as indicated in the judgment: Investigation report (related to the attachment of a detailed statement of inquiry about management of a master report), details of inquiry about management of a master report, response to inquiries, such as criminal history, investigation report (verification of criminal history of the same type and file of a copy of the relevant summary order), application of Acts and subordinate statutes regarding criminal history;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing has been considered as favorable circumstances) of the suspended sentence is that the defendant had been convicted due to drinking driving two times, and the driving of the instant drinking constitutes an automobile accident due to driving of the instant drinking, and the damage is not significant.

However, the defendant does not have any criminal record exceeding the fine, and other defendant's person.