A defendant shall be punished by imprisonment for not less than eight 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 Records of Crimes】 On March 19, 2012, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking) and KRW 5,00,000 as a crime of violating the Road Traffic Act (drinking) at the same court on October 7, 2013.

【Criminal fact-finding on June 22, 2017, the Defendant driven B Poter cargo under the influence of alcohol concentration of 0.074% without obtaining a driver’s license from approximately 300 meters in a section of about 300 meters, from the Jindo road in front of the Sok-gu, Jindong-gu, Jindong-gu, Jindong-si, where it is difficult to know the trade name in the Jindo-si. In addition, the Defendant driven B Poter cargo under the influence of alcohol concentration of 0.074%

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger (A);

1. Previous conviction: Three copies of a summary order and the application of Acts and subordinate statutes making inquiries about criminal history;

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 Defendant again committed the instant crime even though he had a previous conviction due to driving without a license for drinking alcohol (two times among them within the last five years) on several occasions, on the grounds of sentencing Article 62-2 of the Criminal Act.

However, the Defendant recognized the instant crime, and the occurrence of the accident was not caused by driving without a license for drinking.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances in the records and arguments, such as the age, sex, environment, details and motive of the crime, and circumstances after the crime.