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

On July 14, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, the summary order of KRW 2 million from the same court on January 4, 2010 to a violation of the Road Traffic Act (dacting driving), and the summary order of KRW 5 million from the same court on April 8, 2014 to a fine for a violation of the Road Traffic Act (dacting driving).

On January 23, 2016, the Defendant driven BM3 car under the influence of alcohol content of 0.188% while under the influence of alcohol without obtaining a driver’s license from the 2km section of the window of Changwon-si, Changwon-si, the Defendant’s residence, in front of Changwon-si, the 394-2 Gohap Packing SP Habb, at the top of Changwon-si, the Defendant’s dwelling.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Details of driver's license revocation;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime again under the same type of without a license even though he/she had been sentenced to a fine due to a violation of road traffic law, as stated in the facts constituting the crime in the judgment, and even though the amount of alcohol concentration during the blood alcohol driving of the instant case is very high, the Defendant has a high level.