A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 15, 2014, the Defendant received a summary order of a fine of three million won or more for a crime of violating road traffic laws in the Changwon District Court through the Changwon District Court on December 15, 2014, and a summary order of a fine of five million won or more for the same crime in the same court on August 11, 2016.

Criminal facts

On August 19, 2017, the Defendant driven a B-crack vehicle under the influence of alcohol leveling 0.070% without obtaining a driver’s license from approximately 300 meters to the front road of the bank located in the same Dong, from the front side of the bridge located in the ancient city, on August 19, 2017, the Defendant driven a B-crack vehicle under the influence of alcohol leveling to 0.070%.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Registers of driver's licenses, chassiss, and inquiries about administrative dispositions taken by the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (non-licensed 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 suspension of the execution of imprisonment shall be imposed in consideration of the fact that the crime of drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act was repeated, and since the case was committed together with a unauthorized driving, the principal sentence shall be determined as per the order, and the participation in a compliance driving lecture shall be ordered to lower the possibility of recidivism.