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 September 3, 2012, the Defendant was punished by a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court on September 3, 2012, and a fine of five million won for a violation of the Road Traffic Act at the same court on July 15, 2014.

On April 8, 2017, under the influence of alcohol content of 0.106% in blood without obtaining a driver’s license, the Defendant driven Cho-do car at a distance of about 1.5 km from the parking lot of Chungcheongnamnam University located in Daejeon Seo-gu, Daejeon, to the front road of the Ho-do apartment apartment located in the same Dong-dong.

As a result, the Defendant violated the prohibition on drinking at least twice, and was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of investigation report (a copy, etc. of the summary order of the same type of crime);

1. Application of Acts and subordinate statutes entered in the one vehicle driver's license ledger, written notification of the results of regulating drinking driving;

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. 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. Consideration of the reason for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol in the blood of this case, and the records of punishment five times due to drinking driving, etc.