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 becomes final and conclusive.

Punishment of the crime

On May 30, 201, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Seogu District Court Branch Branch on May 30, 201, and on January 30, 2015, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating road traffic laws (drinking driving) in the same court.

On August 12, 2017, the Defendant driven a vehicle B 80D3 at approximately 10 meters from the 10-meter section around the Daegu-gu Long-term Gamb in a state of alcohol concentration of 0.194% while under the influence of alcohol during blood without a driver’s license for a motor vehicle.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice, but was driving under the influence of alcohol or without a license.

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. Self-helping;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant had been punished twice due to drinking and unlicensed driving, but again, was engaged in driving of the instant drinking and driving without a license. Therefore, there is a need for strict punishment.

However, in consideration of all the circumstances, such as the fact that the defendant's mistake and reflects, that the defendant has not been punished by the suspension of execution or more, and that there is no criminal history.