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 May 11, 2012, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (drinking driving). On January 28, 2013, the Defendant was notified of a summary order of KRW 1,50,000 as a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (drinking driving), and on February 2, 2016, the Defendant was notified of a summary order of KRW 5,00,000 as a fine of KRW 1,50,000 from the

On August 24, 2017, at around 22:55, the Defendant driven a B-car under the influence of alcohol concentration of about 300 meters in the blood alcohol concentration of about 0.083% in front of the spack-saw 21-1, south-ro 884, Namyang-si, Namyang-si, Namyang-si, Namyang-si, Namyang-do, without obtaining a driver's license for a car at around 22:5, 2017.

Accordingly, the Defendant, who had a drinking driving force not less than twice, driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving alcohol and the ledger of licenses;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order);

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. Article 53 and Article 55(1)3 of the Criminal Act (the provision that the alcohol content in blood is not relatively high to less than 0.1%, the provision that is limited to about 300 meters from the driving distance of alcohol, the provision that does not have the same criminal record exceeding a fine, and the provision that is against the law of the Republic of Korea);

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, repeated the instant drinking driving under the influence of alcohol without a license despite having been three times before driving alcohol.

However, the alcohol content at the time of the instant case is less than 0.1%, and it is only about 300 meters from the drinking driving distance.