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 September 5, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Msan Branch branch on September 5, 201, and a summary order of KRW 3.5 million for the same crime at the same court on December 7, 2017, respectively.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, the Defendant driven B car II under the influence of alcohol concentration of about 0.246% in the blood alcohol level without a driver’s license on July 12, 2018 from the front day of a restaurant in which the trade name located in the Young-gu, Changwon-si, Changwon-si, Changwon-si cannot be known, to the front day of the house at the 1km section from July 12, 2018 to the front day of the house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. (A)-Revocation of the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense; Article 148-2 subparag. 1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) concerning the same;

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 and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the lecture has already been two times the record of punishment of a fine due to a violation of the Road Traffic Act.

In particular, the Defendant committed the above crime on October 31, 2017 and was issued a summary order of KRW 3,500,000 by this Court on December 7, 2017. However, the Defendant was issued with no edification and one year has not passed since he did not drink.