A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 14, 2008, the Defendant received a summary order of KRW 5 million for a fine of KRW 1 million due to a violation of road traffic law (drinking) from the Gunsan Branch of the Jeonju District Court on July 14, 2008, and a summary order of KRW 3 million for the same crime in the same court on November 16, 2016.

[2] On August 9, 2018, the Defendant driven B K5 cars under the influence of alcohol leveling to about 0.159% without obtaining a driver’s license from the section of approximately 500 meters in front of the non-exclusive church in the direction of 399 in the next 21:40 on the same day from the roads front of the office of transmission in the Hasan-si, Busan-si, Seoul-si, to the roads front of the nonexclusive church.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is to take the driving, investigation report, notification on the results of regulating the driving of drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and a copy of the 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. 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 fact that the Defendant again committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture had three times been sentenced to a fine due to driving under influence of alcohol, is disadvantageous circumstances, but the Defendant’s mistake is divided and contradictory to himself.

The punishment shall be determined as ordered in consideration of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.