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

[criminal history] On November 10, 2008, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on September 5, 2016, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

[2] On September 16, 2017, at around 14:20, the Defendant driven a BRabian cargo vehicle while under the influence of alcohol content of 0.176% while under the influence of alcohol without a driver’s license, from a section of about 1km from the village in the middle of the month to the dong electric road located in the same section of the same section, which is divided into the same side of the road.

As a result, the Defendant violated the prohibition of drinking without a driver's license more than twice, and drives the said vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 reasons for sentencing under Article 62-2 of the Criminal Act include two times of punishment due to the driving of drinking, etc., the case is not somewhat complicated in light of the fact that the instant crime was committed.

However, in consideration of the fact that the defendant is against the crime of this case, drinking volume, and other criminal defendant's age, sex behavior, environment, motive, means and result of the crime, the circumstances after the crime, etc., the punishment like the order shall be sentenced.