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 August 27, 2015, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court’s branch branch branch, and was sentenced to a fine of KRW 5 million for the same crime on June 13, 2016.

Criminal facts

On February 26, 2018, the Defendant, without obtaining a driver’s license, driven a car in C Camp with approximately 0.085% alcohol level in the section of approximately 1.5 kilometers from the front day of the 47 lot in the name of the Busan Northern-gu, Busan, to the front day of the 203 chemical name city oil station according to the same Gu gold.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business and investigation report;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-related Acts and subordinate 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)

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 of the Criminal Act to mitigate small amount;

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures are the circumstances unfavorable to the defendant, even though he had already been punished twice due to drinking driving, and the defendant has also driven a drinking without a driver's license.

However, the defendant is led to the confession of the crime, his mistake is divided in depth, the defendant does not drive drinking again, and the defendant's consciousness desires to have the preference of the defendant.