1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On February 15, 2008, the Defendant has been subject to a summary order of Article 44(1) of the Road Traffic Act, such as a fine of 700,000 won due to a violation of the Road Traffic Act (drinking), and a fine of 4 million won due to a violation of the Road Traffic Act (dacting) at a district court of the Jung-gu District on July 22, 2010.

On October 15, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle around 01:30, driven a Bland in the Bland under the influence of alcohol content of about 0.098% in alcohol content from around 500 meters from the road in front of the Mag-ri to the ancient-do road in the same side of the Mag-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking driver, report on the circumstances of driving a drinking driver, report on the circumstances of driving without a license, and inquiry into the results of crackdown on driving a drinking;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the same type of force) by statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education has already been punished three times for the same crime. In particular, even though the defendant was issued a summary order of KRW 5 million for the same crime on July 3, 2017, he/she committed the crime of this case after about three months, even though he/she had been sentenced to a summary order of KRW 5 million for the same crime. However, there is no record that the defendant recognized all of the crimes of this case, and there is no record that the defendant was punished exceeding the fine.