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 August 26, 2015, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on October 31, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support.

[Criminal facts] On July 13, 2017, the Defendant driven E Spo-type vehicles with approximately 500 meters alcohol concentration at approximately 0.213% while under the influence of alcohol without a vehicle driver’s license from the road front of the Defendant’s residence in the racing-si B to the front road in C.

As a result, the Defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act, who violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at driving, investigation report, notification of the results of regulating the driving of alcohol, details of revocation of the driver's license, and the ledger of the driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the same Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;