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

[criminal history] On March 15, 201, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court on the grounds of a violation of road traffic law (driving), and a summary order of KRW 3.5 million by the same court on June 1, 2016 as a crime of violation of road traffic law (driving), respectively.

[2] On June 20, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle on or around 00:22, was driving a motor vehicle with D low alcohol level of about 1km in a section of about 0.109% under the influence of alcohol level, from the yellow-gu nearby road in Ulsan-gu, Ulsan-gu, Seoul-do, and up to the front day of the prosperityn-dong located in the same new-dong.

Accordingly, the Defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and the punishment provided for the crimes of violation of the Road Traffic Act with a heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above defendant shall be repeatedly considered);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures, is driving a vehicle while under the influence of alcohol without a driver's license.