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 November 20, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violating road traffic law (drinking driving) in the Changwon District Court's Jinju branch on November 20, 207. On April 20, 2010, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court on April 20, 201, and on July 28, 201, the Defendant filed a summary order with the same court on July 28, 201.

피고인은 2017. 7. 09. 19:34 경 자동차 운전면허를 받지 아니하고, 혈 중 알코올 농도 0.104% 의 술에 취한 상태로 경남 진주시 망경동에 있는 산 청 꺼 먼 꿀꿀이 식당 앞에서부터 같은 동에 있는 선명 친 모래 가게 앞까지 약 300m 구간에서 B 아반 떼 승용차를 운전하였다.

Accordingly, the Defendant violated this more than two times even though he was prohibited from driving a motor vehicle while under the influence of alcohol, and again driven the said motor vehicle while under the influence of alcohol, and simultaneously drive the said motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (report on previous convictions of the disposition and results thereof, and confirmation of the same criminal records);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

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 which is heavier than 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. Protective observation and community service order under Article 62-2 of the Criminal Act;