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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On March 11, 2015, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws in the Hongsung Branch of the Daejeon District Court on March 11, 2015. On March 24, 2016, the Defendant issued a summary order of KRW 5 million for a crime of violating road traffic laws (driving) in the same court.

[2] Although Defendant 1 had been punished twice or more due to drinking driving as above, Defendant 2 driven a BF car under the influence of alcohol without obtaining a driver’s license from around 200 meters in the section of around 12:72% of alcohol concentration in blood, from around 19:5 on July 27, 2017 to around 12:7:5.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Before judgment: Application of the Act and subordinate statutes of inquiry about criminal history, investigation report (Evidence List No. 9), and summary order;

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The fact that the crime of this case is committed, and there is no record of being punished more than a suspended sentence, and there is a record of being punished several times for the same crime.