A defendant shall be punished by imprisonment with prison labor for up to six 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 January 22, 2008, the Defendant was issued by the Daejeon District Court with a summary order of two million won or more due to a crime of violating the Road Traffic Act, etc., and on June 13, 2017, the Defendant violated the provisions on prohibition of drinking, such as the issuance of a summary order of two million won or more for the same crime by the same court.

Nevertheless, on November 25, 2017, the Defendant driven D's 20.069% alcohol concentration in blood without obtaining a driver's license on the road front of the Dog high school located in 2176, the Defendant was under the influence of alcohol of 0.069% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, copy of the ledger using the measuring instrument for drinking, and inquiry into the results of crackdown on driving of drinking;

1. Inquiry into the ledger of driver's licenses for each motor vehicle and the main office;

1. References to inquiries, such as reports on investigations, reports on the results of investigations, criminal history, and the application of statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. Although Article 62-2 of the Criminal Act provides community service and order to attend a lecture, if considering the repeated driving of drinking without a license even though there are many records of the same kind of reasons for sentencing, the defendant should be punished strictly. However, the defendant should be punished strictly, but the error is recognized and contradictory, and the sentencing conditions shown in the records, such as the defendant's age, sexual behavior and family environment, are all taken into account.