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

【The Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court on December 10, 2007. On May 16, 2008, the Defendant was sentenced to a suspended sentence of KRW 2 million for six months due to the same court’s violation of the Road Traffic Act. On June 10, 2016, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act.

【Criminal fact-finding on May 5, 2018, the Defendant driven a motor vehicle’s freight vehicle Cpoter II wing-wing without obtaining a driver’s license for a motor vehicle under the influence of alcohol content of approximately 0.087% from around 1km to the fourth distance of the bus terminal located in the same yellow-dong from the Hyundai commercial road located in the same yellow-dong on May 5, 2018.

As a result, the Defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition on driving under the above alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, statement of the situation of the driver driving, and inquiry of the results of regulating the driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;

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 Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, also driven a drinking alcohol even though he/she had been punished twice due to drinking alcohol driving.

In addition, the driver's license is granted due to the driving of drinking around June 2016.