A defendant shall be punished by imprisonment for not less than one year and six months.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 25, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) from the original Chuncheon District Court's original branch on January 25, 201, and a summary order of KRW 3 million for the same crime, etc. on October 21, 2011.

On September 28, 2017, at around 13:55, the Defendant, without a driver’s license, driven an EM5 car at approximately 1 km from the Defendant’s house located in Kuju-si B to the front day of “D pharmacy” located in Kuju-si C, in a state of under the influence of alcohol content of 0.154% during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, report of the situation of the driving of the vehicle, report of the situation of the driver of the vehicle, notification of the results of crackdown on drinking driving, and the ledger of driver'

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes (13) to investigation reports;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order of community service, has a record of criminal punishment twice due to driving of drinking, and the refusal to measure drinking has a record of criminal punishment once.

In particular, even though the defendant was in a situation where a summary order was requested on July 19, 2017 due to the crime of violating the Road Traffic Act (re-measurement of drinking), it is difficult to find out the situation, such as committing the crime of this case, and therefore, it is highly likely to repeat the crime.

The execution of punishment is suspended for a certain period of time, taking into account the fact that the instant crime did not have caused a traffic accident, and even after the transfer of the said summary order, there was no record of criminal punishment after 1996. However, the execution of punishment shall be suspended for a certain period of time, but the probation observation and longer community service shall be ordered together.

In the above circumstances, the defendant's age, sex, intelligence and environment, and motive for committing the crime.