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

On March 27, 2012, the Defendant was issued a summary order of KRW 6,00,000 due to a crime of violating the Road Traffic Act (drinking driving), etc. on March 27, 2012, and on September 23, 2015, the Defendant was issued a summary order of KRW 5,00,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) at the source method.

On February 8, 2017, at around 00:10, the Defendant driven B cargo under the influence of alcohol content of 0.078% in the blood without a driver’s license at a section of about 800 meters in front of the building of the same-sex traffic in Seongbuk-gu, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on suspect drinking driving force) statute;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 Act on orders to provide community service and attend lectures was punished five times due to drinking, including the previous conviction stated in the judgment by the Defendant, and the situation where a driver’s license was revoked on September 28, 2015 due to drinking driving again while driving a motor vehicle without a license is disadvantageous.

However, the criminal law, such as the defendant's age, sexual conduct, environment, motive for the crime, circumstance after the crime, etc., is the fact that the defendant recognized the crime of this case and there is no punishment heavier than the fine due to drinking driving, and the drinking value of the crime of this case is not high, and the driving distance is relatively short.