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

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

Criminal facts

On December 7, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court, and on September 28, 2017, the Defendant was issued a summary order of KRW 2 million for the same crime, etc.

On December 11, 2017, at around 19:55, the Defendant driven a motor bicycle without a motor device license, under the influence of alcohol leveling 0.089% from around 50 meters to around 14,00,00, from the assets Dong in Changwon-si, Changwon-si to the same assets remaining in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to the previous summary order) and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend a lecture has already been punished for a violation of the Road Traffic Act or a violation of the Road Traffic Act, five times or more.

In particular, the Defendant committed each of the above crimes on July 24, 2017 at the same time, and was issued a summary order of KRW 2,00,000 by this court on September 28, 2017, but did not edification and even if it did not elapse three months thereafter, the Defendant committed each of the above crimes simultaneously.

Therefore, the sentence of imprisonment is inevitable because the defendant is no longer sentenced to a fine.

Therefore, it is true.