A defendant shall be punished by imprisonment for six 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 May 13, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Cheongju District Court’s Assistance, and KRW 5 million for the same crime in the same court on January 2, 2017.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven B rocketing car under the influence of alcohol leveling 0.09% of alcohol level while under the influence of alcohol leveling 0.09% without obtaining a driver’s license from around 10 meters in the 10-meter section from the 20:38th of September 21, 2017 to the road in front of the “work ma” in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and notification on the results of regulating drinking;

1. The driver's license ledger and the driver's license ledger;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (Attachment to the same type of judgment, etc.);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishments provided for in the crimes of violating the Road Traffic Act, which are more severe between each crime and punishment);

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 reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture are as follows: (a) even though the Defendant was sentenced to a fine in 2004, 2009, and January 2017 due to drinking driving, again committed the instant crime; (b) therefore, the risk of recidivism is high; and (c) in particular, even if he was sentenced to a fine of KRW 5 million due to drinking driving in January 2017, he/she again committed the instant crime for eight months, and thus, it is inappropriate to punish the Defendant by a fine again.

. These points;