A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On October 2, 2003, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving), KRW 2 million due to a violation of the Road Traffic Act (don December 30, 2003), KRW 1 million due to a violation of the Road Traffic Act (doning driving), and on February 6, 2012, the same court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (doning driving), respectively, by the same court on March 23, 2017.

On June 1, 2017, at around 21:55, the Defendant driven Bcoon-house booming around 0.190% of alcohol content while under the influence of alcohol while under the influence of alcohol at around 0.190%, without obtaining a driver’s license from the front of a mutually influent restaurant in the middle of the same Ri from the Do to the front of the 300-meter street in front of the same Do.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

The application of the Act and subordinate statutes to investigation reports on the circumstances of the driver's oral statement by the defendant, such as criminal history in the register of driver's licenses (the report on the previous conviction and confirmation thereof).

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)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (including the fact that there is no criminal conviction or heavier than a suspended sentence, and that there is a penance, etc.);

5. Article 62 (1) of the Criminal Act on the suspension of execution.

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