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.

Punishment of the crime

The Defendant, on July 23, 2010, is a person who drives drinking at least twice after receiving a summary order of KRW 5 million from the same court on March 18, 2016 as a crime of violating the Road Traffic Act (driving) at the Daegu District Court on July 23, 2010.

[2] On August 27, 2017, at around 03:04, the Defendant driven B K5 cars while under the influence of alcohol content of 0.123% without a vehicle driver’s license, from around 500 meters to the pre-road of a master household department in the same city-dong from the trade name in the Dong-dong Kim Jong-si, Kim Jong-si to the road in the same city-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

On October 1, 2017, the Defendant driven B K5 cars without obtaining a driver’s license in the section of approximately 1km from the 1km-ro 19-dong-dong-Dong-dong-dong-ro 2nd to the 50-gil 110-Ra-dong-dong-dong-ro 19-dong-dong-dong-dong-dong-dong-ro 20:30 on October 1, 2017.

Summary of Evidence

[2017 Highest 5441]

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 convictions in judgment: A written reply to inquiry, such as criminal history (2017 highest 5801);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 defendant's reasons for sentencing under Article 62-2 of the Criminal Act.