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

On March 8, 2010, the Defendant received a summary order of a fine of KRW 2 million due to a violation of road traffic law (drinking) in support of the Sung-nam branch of Suwon Friwon on March 8, 2010. On December 21, 2012, the Defendant received a summary order of KRW 3 million due to a violation of road traffic law (dacting) and a violation of road traffic law (dacting without a license) on December 21, 2012. On June 14, 2016, the Defendant received a summary order of KRW 5 million due to a violation of road traffic law (dacting) from the Gwangju District Court's pure branch of the Gwangju District Court.

On October 17, 2017, the Defendant driven BMW 640D car from the front of the restaurant at the time of influence to the front of the dental road at the time of influence of 0.116% alcohol while under the influence of alcohol during blood, without obtaining a driver's license for a motor vehicle on October 17, 2017, to the front of the dental department at the time of influence.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiries about criminal history and the application of the Acts and subordinate statutes on investigation reports (this paper 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. 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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the latest previous convictions, and three times of drinking driving. Meanwhile, the Defendant has no criminal conviction or more than imprisonment without prison labor, reflects the Defendant’s age, sex, criminal conduct, family relationship, environment, circumstances and results of the crime, and the circumstances after the crime, etc. shall be comprehensively considered and determined as ordered by the Disposition.