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 May 31, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million with a fine of KRW 1,00,000 with a penalty of violation of the Road Traffic Act at the Changwon District Court's Changwon District Court's branch on September 18, 2015, and a fine of KRW 5 million with a fine of KRW 1,00,000 with a penalty of violation of the Road Traffic Act.

On August 18, 2018, at around 22:10, the Defendant driven a vehicle B, without obtaining a driver’s license, while under the influence of alcohol with approximately 0.070% alcohol concentration in a section of about 200 meters from the blood, to the parking lot after a gold screen golf course located in 2769, as from the road near the 277-gu, Changwon-si, Changwon-si, an Eup, the members of Changwon-si, the Changwon-si, and the head of Eup/Myeon.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Inquiry into criminal history data, and application of Acts and subordinate statutes of a report on investigation;

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 (Confession and reflect) 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 of Article 62-2(1) of the Criminal Act is that the defendant has been punished twice due to drinking or unlicensed driving.

However, the punishment shall be determined as ordered by taking into account the fact that one's mistake is pened and reflected in depth, the drinking volume of this case, the circumstances of the case, etc.