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 September 24, 2008, the Defendant was punished by a fine of three million won for a violation of road traffic law at the Daejeon District Court on September 24, 2008, and a fine of five million won for the same crime at the same court on April 13, 2017.

Nevertheless, on May 1, 2017, the Defendant driven a vehicle with approximately two meters of alcohol while under the influence of alcohol 0.173% at the back side of the parking lot at the location of the national bank flow-dong of Daejeon Sung-gu, Daejeon, without obtaining a driver's license, at around May 1, 2017.

As a result, the defendant is driving without a license, and has violated the prohibition regulations on drinking more than twice, and re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

1. Entry into the ledger of driver's licenses;

1. Application of the statutes written in reply to inquiries, such as criminal history;

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. 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);

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 grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol concentration in the blood of this case, and the majority of the criminal records of the same kind, including the sentence, shall be considered.