A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal history] On July 9, 2012, the Defendant received a summary order of KRW 500,000 as a fine for a violation of road traffic law (drinking driving) from the Daejeon District Court’s Branch on July 9, 2012, and on June 23, 2017, the same court issued a summary order of KRW 4 million due to a violation of road traffic law (drinking driving).

[2] Around 05:50 on September 19, 2017, the Defendant driven a blater vehicle under the influence of alcohol leveling 0.164% without obtaining a driver’s license from the front of the water network original parking lot located in the north-gu, Seo-gu, Seocheon-gu, Seocheon-gu to the front day of the day distribution maty in the same Dong, even though there was a history of violating Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a non-licensed driver;

1. Notification of the results of crackdown on drinking;

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. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has already been punished for drinking alcohol driving two times, and in addition, the crime of this case is committed; however, the defendant's mistake is against the defendant, and other various conditions of sentencing, such as the defendant's age, sexual conduct, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following factors: