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 January 22, 2015, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on March 22, 2015. On September 30, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

[ 범죄사실] 피고인은 2017. 8. 26. 06:56 경 파주시 금촌동에 있는 본가 식당 앞 도로에서 부터 파주시 목동 동 657에 있는 벧 엘 교회 앞 도로에 이르기까지 약 5km 의 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.068% 의 술에 취한 상태로 B 그랜드 카니발 승합차를 운전하였다.

Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. Taking into account the defendant's records of punishment for drinking alcohol for sentencing under Article 62-2 of the Criminal Act, the amount of alcohol concentration in the blood of this case, the circumstances of drinking and unlicensed driving, and all other circumstances, such as drinking and distance;