A defendant shall be punished by imprisonment with prison labor 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 February 14, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on July 1, 2016, issued a summary order of KRW 5 million for the same crime by the same court.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven B knife under the influence of alcohol 0.367% without obtaining a driver’s license in the section of about 2 km from the front of the Incheon InternationalCC golf course located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon to the lower end of the 1194, according to the same Gu salary grade from June 10, 2018 to the lower end of the king-do, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site photograph of the accident, and on-site survey report;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, and inquiry report about the results of crackdown on the driving of drinking;

1. A license ledger and a detailed statement;

1. Application of Acts and subordinate statutes 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. 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 of Education and the Order of Community Service was that the defendant was sentenced to a fine of five million won or more due to a violation of the Road Traffic Act on July 1, 2016, and was sentenced to a fine of four times due to a violation of the Road Traffic Act (driving) from July 2002. The defendant had a record of being sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving without a license) around August 8, 2016. The fact that the defendant's blood alcohol concentration is very high at the time of the instant case, the defendant caused a traffic accident leading to a vehicle while driving under the influence of alcohol, and the defendant also caused the defendant.