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 record] On April 1, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Suwon District Court's House on the same day. On December 30, 2016, the Defendant issued a summary order of a fine of five million won for the same crime at the same court on December 30, 2016 and has two times the same record of driving of the same drinking, and on August 18, 2017, the same court issued a summary order of two million won for a crime of violating the Road Traffic Act (unlicensed driving) and issued a fine of two million won for the same non-licensed driving power on one occasion.

[2] On March 6, 2018, the Defendant driven a CK 3 vehicle under the influence of alcohol content of 0.122% while under the influence of alcohol while driving a motor vehicle, without obtaining a driver’s license, from around about about 5 km to around 532 in the vicinity of the Dong, from the mutual influence house located in the Eup among Pyeongtaek-si around 03:30 on March 6, 2018.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Each photograph;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (reports on the previous convictions in the same case) and Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there was a record of being sentenced to several fines for the same kind of crime, the fact that the drinking volume of this case is considerable, and the occurrence of traffic accidents at the time of this case.