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

[criminal history] On October 11, 2010, the Defendant was notified of a fine of KRW 2.5 million by the Daegu District Court for a crime of violation of road traffic law. On January 19, 2012, the Defendant was notified of a fine of KRW 3 million by the same court for the same crime. On July 4, 2013, the Defendant was sentenced to a suspended sentence for six months by imprisonment with labor for the same crime.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; and (b) driven a Cland knife vehicle with alcohol content of at least 0.098% while under the influence of alcohol without obtaining a driver’s license from the road located in Sinsan-si B around December 16, 2016 to around 100, on the road located in Sinsan-si B; and (c) the Defendant driven a Cland knife vehicle with alcohol content of at least 0.098%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, investigation report, and copy of the judgment, 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. 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is the frequency and time when the defendant was punished for the same crime (two times of suspended execution for traffic-related crimes, four times of fines, and one time of suspended execution for the last ten years, and two times of fines). The amount of alcohol concentration during the blood alcohol at the time of driving the instant drinking, the defendant's age, sex behavior, intelligence and environment, motive, means, means and consequence of the instant case's sentencing, such as the circumstances after the crime, etc., shall be determined as ordered by taking into account the various reasons as shown in the pleadings of the instant case.