A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 13, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (driving) from the Youngju District Court’s Young-dong branch on August 21, 2009, a summary order of KRW 700,000 as a fine for the same crime in the same court on August 18, 201, a summary order of KRW 200,000 as a fine for the same crime in the resident stay support of the Daegu District Court on March 18, 201, and a summary order of KRW 600,000 as a fine for the same crime on April 4, 2016.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven B-un cargo vehicles under the influence of alcohol content of about 0.15% without obtaining a driver’s license in the section of about 1km from the second intersection of the Dong-dong, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do to the front road of the same Eup/Myeon 2-ro 6-gil, Dong-dong, Chungcheongnam-dong, Chungcheongnam-do, to the two-lane 6-ro, e.g., 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Records of the judgment: Application of inquiry letter, such as criminal history, and summary order 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)

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The reason for sentencing under Article 62-2 of the Criminal Act of the Act on the Protection and Observation and Order to Attend / [Disadvantageous circumstances] The Defendant had already been punished three times due to the crime of drinking alcohol driving, and one time due to the crime of driving alcohol without a license, but was notified of the summary order for the last crime, and again committed the crime of drinking and non-licensed driving again only one year after being notified of the summary order for the crime.

The alcohol concentration level in blood was 0.155% higher.

[The favorable circumstances] The Defendant committed the instant crime.