A defendant shall be punished by imprisonment for six 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

On October 20, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), and on March 3, 2017, a summary order of KRW 4 million for the same crime in the same court.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven a vehicle with B knish freight from around 2 km to the road located in the same Eup on May 30, 2018 without obtaining a driver’s license under the influence of alcohol level of 0.185% from around 23:50 on May 30, 2018, while under the influence of alcohol level of around 0.185% from blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative imprisonment with prison labor (in spite of the past record of punishment for drinking driving three times, it again leads to the instant crime without being taken into account the fact that the level of alcohol concentration among the blood transfusion of this case is considerably high, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (the circumstances include the fact that there is no record of crime exceeding a fine, the fact that there is no record of crime exceeding a fine, and the fact that a mistake is recognized and a serious reflect is given);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;