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.

Criminal facts

On December 5, 2017, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Daejeon District Court’s branch on December 5, 2017. On January 12, 2018, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.

On December 31, 2017, the Defendant driven the said car under the influence of alcohol content of about 0.083% while under the influence of alcohol without obtaining a driver’s license from the front of the restaurant in which the name located in the north-west-gu, Seoan-si, Seoan-si, the Yan-si, is unknown, to the front of the vehicle, and without obtaining a driver’s license from approximately 5km to the front of the Samsung fire located in the Eup/Myeon located in Asan-si, the 0.083% of the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, inspection report on actual condition, statement on the circumstances of the driver of the driver's license, investigation report, and inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. An accident scene photograph;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, a report of investigation (a), two copies of the judgment, and a report of the results of confirmation of the previous convictions in the disposition, and the application of the Acts and subordinate statutes;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to provide community service and attend lectures was found twice due to drinking driving in 2017, and the driver’s license was revoked, and the driving of a motor vehicle was not much possible.

The defendant is also likely to drive a traffic-related vehicle while driving a traffic-related police officer, throw away a vehicle, and cause a traffic hazard.