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 August 30, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Changwon District Court through the Changwon District Court to commit a violation of road traffic law (drinking), a summary order of KRW 4 million for the same offense in the same court on October 22, 2009, and a summary order of KRW 5 million for the same offense in the same court on December 9, 2015.

Criminal facts

피고인은 2018. 5. 19. 21:25 경 거제시 옥포동에 있는 미진 타워 팰리스 앞 도로에서부터 같은 동에 있는 K 스크린 골프장 앞 도로에 이르기까지 약 300m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알코올 농도 0.134% 의 술에 취한 상태로 B SM5 승용차를 운전하였다.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

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 alcohol, report on the situation of the driver under the influence of alcohol, investigation report (report on the situation of the driver under the influence of alcohol), report on the situation of the driver under the influence of alcohol, ledger of driver's license, and inquiry

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

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 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 is that the defendant can have a criminal record of a fine concerning drinking, and the defendant's age, health condition, home environment, and the time and distance of the crime in this case, the degree of alcohol level in blood of the defendant at the time of the crime, and the crime after the crime is committed.