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

[criminal history] The Defendant was issued a summary order of KRW 1 million at the Chuncheon District Court on October 12, 2012 to a fine of KRW 4 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million at the same court on January 4, 2018 for the same crime.

[2] On April 20, 2018, the Defendant driven a motor vehicle under the influence of alcohol level of about 0.167% at the entrance of the second apartment unit in the 168 from the Do in front of the second apartment unit in the Chuncheon-si, 168-ro, Chuncheon-si, at around 23:36 on April 20, 2018, without obtaining a driver’s license, and driving a motor vehicle under the influence of alcohol level of about 0.167% at the direction of the second apartment unit in the vicinity of the second apartment unit in the same way.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driven under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of the circumstances of the driver at the State, on-site photographs, and the driver’s license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to the same type of crime);

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;

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 Act, such as the protection and observation, community service order, and order to attend a lecture, and the fact that the Defendant had been punished for driving under the influence of alcohol in 2012 and 2018, committed again the crime of driving under the influence of alcohol and driving without a license. The Defendant’s act of committing the instant crime is a letter with the blood alcohol concentration of 0.167% higher at the time of driving under the influence of alcohol in 2017, and the Defendant is a letter with the blood alcohol concentration of 0.149% higher at the time of driving under the influence of alcohol in 2017.

However, the fact that the defendant seems to have recognized and reflected the crime of this case is shown.