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 July 22, 2010, the Defendant received a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act at the Jung-gu District Court on July 22, 2010, and a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Jung-gu District Court on March 6, 2015.

On May 11, 2018, around 06:06, the Defendant driven a B driver’s vehicle under the influence of alcohol content of 0.063% while under the influence of alcohol without obtaining a driver’s license for a vehicle from the trade influence to the charge of the window from the trade influence in the original Eup of the Gu, the Defendant, the petition of which was located in the Cheongju-gu, the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before and after the disposition, and a copy of a 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. 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 reasons 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, and Article 62-2 of the Act on the Observation, etc. of Protection, etc., include the previous convictions in the judgment, the Defendant again committed the instant crime even though he had been punished four times due to drinking driving and two times due to non-licensed driving

However, there are favorable circumstances, such as the fact that the defendant recognized all of the crimes of this case and reflects the fact that the defendant has no record of punishment exceeding the fine for the same kind of crime, and the record and the change of the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc. are considered.