A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 13, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving in drinking), on August 26, 2013, the above court issued a summary order of KRW 1.5 million for the same crime. On June 23, 2016, the Defendant had the record of being sentenced to a fine of KRW 5 million for the same crime in the above court.

On October 18:18, 2017, the Defendant driven a CM520 vehicle while under the influence of alcohol leveling 0.092% while under the influence of alcohol leveling 0.092%, without obtaining a driver’s license, from around 190 in the month outside the Cheongri-gun, Cheongri-gun, Cheongri-gun, and around 190.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol, even though he has violated the prohibition of driving a motor vehicle more than twice.

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. Records of the judgment: References to inquiries, such as criminal history, reports on investigation (Attachment to the records of the same kind of punishment as the suspect), summary order, and application of the statutes in Part III of the judgment;

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. Even three times the criminal history of the crime of violating the Traffic Act on the road, it is necessary to punish the defendant strictly in that he/she again commits the instant crime, with the reason for sentencing Article 62-2 of the Criminal Act.

However, the defendant's mistake is recognized and reflected, and the number of the defendant's drinking at the time of the crime of this case is not high, and the distance of driving is short.