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 July 29, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on July 29, 2010, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on April 4, 2012, respectively.

[2018 Highest 512] From February 25, 2018, the Defendant once driven a drinking again by a person who violated the regulations on the prohibition of drinking alcohol more than twice, by driving a B-hand car with approximately 0.10% alcohol level in the 1km section of the vehicle without a driver’s license, from February 25, 2018 to February 35-1, 2018.

[2018 Highest 839] On February 25, 2018, the Defendant once drives a motor vehicle with two or more meters alcohol level at approximately 0.060% of alcohol level while under the influence of alcohol without obtaining a motor vehicle driver’s license from the Jambbling parking lot located in Dobong-dong at the time of drinking water at around 22:35 on February 25, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of driving under influence of alcohol) of the Road Traffic Act concerning the facts constituting an offense under the relevant Act, Article 152 subparagraph 1, and Article 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order (the defendant's driver's license was revoked due to drinking driving in the past).