A defendant shall be punished by imprisonment with prison labor 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 May 29, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the same court on December 29, 2009, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) in the same court on March 9, 2015, respectively.

On March 19, 2017, the Defendant, while under the influence of alcohol 0.116% during blood transfusion, driven a Crane car at the section of about 15 km from the front of the fluent Moel on a separate side of 1,00 p.m. to the road near 333-166 km, without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Statement under the circumstances of the relevant driver’s Dong;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, community service, and lecture attendance order are three times, and disadvantageous circumstances, such as the Defendant’s previous driving of drinking is two times, and the Defendant acknowledges and reflects the instant crime.