A defendant shall be punished by imprisonment with prison labor 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

On July 23, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic law (refluence of drinking), and a fine of KRW 3 million for a violation of road traffic law (refluence of drinking), in the same court on July 29, 2016.

On August 21, 2018, the Defendant driven a BN-si car from the main point of “7080” located in the Seongbuk-gu, Seoan-gu, Seoan-si to the front road of the day salary mountain street located in the same pair-dong without a driver’s license, while under the influence of alcohol of 0.136% of alcohol during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act is a very dangerous crime that may cause the occurrence of traffic accidents by raising the possibility of traffic accidents, and thus, not only itself, but also the life and home of others, and even in order to prevent this, the Defendant committed the instant crime, even though he was punished by a fine due to drinking driving, etc., including the record in the judgment, even though he had the record of punishment, and the Defendant committed the instant crime, on the other hand, there is no criminal record of driving under drinking except the record as indicated in the judgment after 201.