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 April 5, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Chuncheon District Court on April 5, 201, and was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Chuncheon District Court on August 26, 201.

On February 21, 2017, at around 01:50, the Defendant driven B Lone Star Corer under the influence of alcohol concentration of about 0.096% without a motor vehicle driver’s license, from the front side of the water ground at which it is impossible to know about 5-way 25-gil, Chuncheon-si, from the front side of the water ground at which it is impossible to find out about 69-way, to the front side of the “large flow”, located at approximately 150 meters wide, from the front side of the water ground at which it is impossible to view.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license and report on the circumstances of driving at home;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same force as drinking driving at least twice);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

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 reason for sentencing under Article 62-2 of the Criminal Act, including the following: (a) the Defendant had the record of having been punished for driving under drinking twice even before the instant crime was committed; (b) the Defendant had been punished for driving without a license for driving under drinking twice even after the license was revoked due to the final drinking driving; (c) repeated driving of drinking without a license for driving under drinking; (d) the offender is highly likely to be subject to criticism not only his/her own but also another person’s life; and (e) the degree of alcohol concentration during blood transfusion is also a factor for sentencing unfavorable to the Defendant.

The fact that the defendant seems to repent of the crime of this case, and that the defendant has no criminal record of a fine or heavier punishment due to the same crime.