A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On March 11, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Daejeon District Court on March 11, 2013, and on November 2, 2017, the Daejeon District Court issued a summary order of KRW 3.5 million for a crime of violating road traffic laws.

[2] On March 11, 2018, the Defendant driven BM7 car under the influence of alcohol content of 0.182% while under the influence of alcohol without obtaining a vehicle driver’s license from around gallonian outdoor parking lot in Seogal Mar. 11, 2018 to the front road of the same Galmar Mar. 1, 2018.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle again without obtaining a driver's license.

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. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment shall be imposed on a person who is more severe than that provided for in the traffic Acts of a road;

1. Selection of an alternative imprisonment with prison labor (to consider the fact that the defendant has been punished twice due to drinking driving and the drinking volume is considerably high);

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;