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

[criminal history] On July 17, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s branch on July 17, 2009, and on July 9, 2010, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

[2] On July 15, 2018, the Defendant driven an eM518 vehicle under the influence of alcohol content of 0.182% while under the influence of alcohol without obtaining a driver’s license from the 20:00 MM parking lot B to the front of D located in the city of macro-city C, without obtaining a driver’s license from around five kilometers.

Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver who takes the driving, investigation report (report on the situation of the driver who takes the driving), and the register of driver's licenses (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

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 imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for a favorable reason in which the sentencing is considered to be flexible):

1. The grounds for sentencing under Article 62-2 of the Criminal Act include two times a criminal record of drinking, but there is no criminal record exceeding a fine, and the defendant's age, sex, sex, environment, health conditions, circumstances leading to the crime, means and consequence, etc. shall be determined by taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, etc.