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 December 7, 2010, the Defendant received a summary order of KRW 2 million from a fine due to a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 5 million from a fine at the Incheon District Court on March 21, 2016 due to a crime of violating the Road Traffic Act (drinking driving), respectively.

[2] On February 25, 2018, at around 03:10, the Defendant driven a Baki vehicle in Bland under the influence of alcohol concentration of about 0.064% in alcohol during blood without obtaining a driver’s license from approximately 100 meters to the front of the same number of 45 square roads in the Bupyeong-gu, Incheon, Bupyeong-gu, Seoul, the 1439 (In Bupyeong-gu, Bupyeong-gu, Incheon) at the border of Bupyeong-gu, Bupyeong-gu, Incheon.

Accordingly, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice without a driver's license, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Inquiries about licenses;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of one copy of a inquiry letter, investigation report (verification of several times the same kind of force), and summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 crime of this case on the grounds of protection and observation and sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the Defendant, who already violated the prohibition provisions on drinking alcohol more than twice, drives a vehicle while under the influence of alcohol without a driver’s license, and the nature of the crime is not good, and the Defendant is subject to multiple criminal punishment on the grounds of the violation of traffic-related Acts and subordinate statutes, including drinking driving