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 history] On June 18, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving), etc. at the original Chuncheon District Court's original state branch on the ground of the violation of road traffic law, and on September 30, 2016, the Defendant was issued a summary order of KRW 7 million for a crime of violating road traffic law (drinking driving) at the original state branch of the Chuncheon District Court.

[Criminal facts]

1. On July 4, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driven a DK 3 car without obtaining a driver’s license from a section of about 2 km from the 18-km-ro, Cheongwon-si, Cheongwon-si, and from the 188-do, Cheongwon-si, Cheongwon-si, to the 3-luminous site located in Kuwon-si.

2. On July 4, 2018, the Defendant driven DK 3 automobiles while under the influence of alcohol leveling 0.090% without a driver’s license in the section of approximately 500 meters from the section of 500 meters in front of the “three-luminous site” to the “unified apartment house” in the Hansi-si, Seog-si, Nowon-si, Seoul Special Metropolitan City, from around 22:35 on July 4, 2018.

As a result, the Defendant violated the prohibition of drinking at least twice, and was driving a motor vehicle under the influence of alcohol at the same time without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, driver's license inquiry, and each investigation report;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (including the following reasons favorable to the defendant):

1. Article 62(1) of the Criminal Act on the suspension of execution (it is possible for the accused to have the same criminal records, and each of the crimes in this case shall be committed by the methods and results thereof, and the nature and circumstances of the crime are grave.