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

On March 31, 2009, the Defendant received a summary order of KRW 3 million from the Daejeon District Court to a fine of KRW 1,00,000 due to a crime of violating the Road Traffic Act, and a summary order of KRW 5 million from the same court on July 30, 2013 to a crime of violating the Road Traffic Act.

On March 17, 2017, at around 00:13, the Defendant driven CM7 car under the influence of alcohol content of 0.122% while under the influence of alcohol without obtaining a driver’s license from approximately 10 meters from the front of the restaurant of the “Yjin River House” located in the Seosung-gu Daejeon Seo-gu, Daejeon to the front of the home flusium located in the same Dong to the front of the road.

Accordingly, the defendant was a person who violated two times or more due to drinking, and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Entry into the ledger of driver's licenses;

1. Application of Acts and subordinate statutes in a report of investigation (report on attachment to the judgment of the same kind);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, the majority of the criminal records of the same kind, and the alcohol concentration in the blood of this case shall be considered.