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 February 24, 2015, the Defendant received a summary order of KRW 5 million from the Jinwon District Court's Jinju branch on the ground of a violation of the Road Traffic Act (drinking driving), and on January 29, 2016, the Defendant received a summary order of KRW 5 million from the same court on the ground of a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving) and was committed three times before driving.

On June 22, 2016, at around 00:33, the Defendant driven a mast car with alcohol content of 0.191% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the front of Seoul Actual Expenses, which is in front of the modern discount road in the same Dong from around 50 meters to the front of the modern discount road in the same Dong.

Accordingly, the defendant, who violated the prohibition on drinking at least twice, was driving a drinking and driving a license without a license again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, report on detection of the driver who is placed in driving, inquiry of the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes (Attachment thereto, such as the previous confirmation and summary order);

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. 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 committed each of the instant crimes even though he/she had been subject to punishment three times due to drinking driving and one time due to non-license driving, the Defendant’s drinking value is significant, and the Defendant repeats drinking and non-licenseless driving for a short period since 2014, although the responsibility for such crime is not somewhat weak, the Defendant committed his/her own crime.