A defendant shall be punished by imprisonment with prison labor 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

[2018 Highest 87] On April 23, 2007, the Defendant received a summary order of KRW 5 million due to a violation of road traffic law (driving), etc. at the Daegu District Court’s Young-gu District Court’s Young-gu Branch on April 23, 2007, and was sentenced to a fine of KRW 3 million for the same crime at the Daegu District Court on October 9, 2012.

On May 4, 2018, at around 21:54, the Defendant driven a CF vehicle under the influence of alcohol content of about 0.178% from the 1km section from the center of the death side to the 156th road from the death side in front of the death side of the GFK, the Defendant, at around 21:54, driven the CF vehicle under the influence of alcohol content of about 1km.

[2018 Highest 169] On July 29, 2018, the Defendant driven a Cknife vehicle without obtaining a driver’s license from around 15 km to around 15 km of the old-water natural recreation forest in the same Gun, which is located in the front side of the Cknife-gun located in the Glin-gun, Chungcheongnam-do.

Summary of Evidence

[2018 Highest 87]

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking, report on the circumstances of the driver who takes driving, or inquiry into the enemy;

1. An accident scene photograph;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (a confirmation of the previous conviction in the same case and a copy of the judgment attached thereto);

1. Statement by the defendant in court;

1. Reports on internal investigation (preparation, etc. of a written statement);

1. Application of Acts and subordinate statutes to the situation report on driving without a license, the ledger of driver's licenses for motor vehicles, and the register of tea;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation, order to provide community service and order to attend lectures;