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.

Criminal facts

[criminal history] On September 3, 2010, the Defendant was sentenced to a fine of KRW 4 million on the grounds of a violation of road traffic law (driving alcohol) at the Suwon Flag method Board on September 3, 2010, and a fine of KRW 3 million in the same court on March 28, 2013, respectively.

[2] On October 3, 2017, at around 14:55, the Defendant driven B Coin car under the influence of alcohol concentration of about 0.210% without a vehicle driver’s license on the part of approximately 3km from the roads near the 0th gr3m gr3m gr3m gr. to the front of the 23m gr3m gr. of the same side.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and reorganizations) and Acts and subordinate statutes, such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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. Circumstances favorable to the accused for sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Courses are as follows:

The defendant is divided into and reflected in the crime of this case.

There is no record of criminal punishment exceeding the fine against the defendant.

Circumstances unfavorable to the defendant are as follows:

The defendant caused a traffic accident that is caused by the fence of a gas station while driving a drinking or unlicensed driver's license.

At the time of the crime of this case, the defendant's main role is significant.

The defendant has been sentenced to a fine of three times due to drinking driving, as well as the previous record of the crime in the judgment, and has been sentenced to a fine of several times due to driving without a license.

The defendant continues to exist after the warning license was revoked in 2010.