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

On October 2, 2008, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on August 24, 2017, to a fine of KRW 3.5 million as a crime of the same offense.

On the 15:00 on August 18, 2018, the Defendant driven a B-learning car without a driver's license from around 20km to around 0.09% alcohol level from around 15:0 to around 15:00 to around 15:0 on the road near the restaurant in which it is impossible to identify the trade name in the Kimhae-si, Busan Metropolitan City, and without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents and reports on the circumstances of the driver involved in driving;

1. Inquiry into the results of regulating driving of drinking, details of revocation of driver's license, and the ledger of driver's licenses;

1. Previous convictions: Inquiry of criminal history data and application of Acts and subordinate statutes of a report on criminal investigation (verification of the same records as the accused);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is that a defendant has already been punished three times by a fine due to drinking, refusing to measure drinking, etc., and driving a drinking without a driver's license even though he had already been punished once a suspended sentence, and that the defendant has caused an accident among illegal U-turns and thus the traffic risk caused by drinking is realized, etc. that are disadvantageous to

However, the circumstances favorable to the defendant, such as the confession of the defendant to commit a crime, the depth of his mistake is divided, and the defendant does not drive drinking again, and the age, sex, environment, and motive for the crime.