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

[criminal history] On January 22, 2014, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Suwon Flag Flag method Board. On August 16, 2017, the Defendant was sentenced to a fine of six million won for the same crime at the Incheon District Court.

[2] On January 19, 2018, the Defendant: (a) driven a Dam Cargo Vehicle while under the influence of alcohol content of 0.101% while under the influence of alcohol level of 0.101%, without obtaining a driver’s license, from around 200 meters in approximately 84 meters in the same city, from the front day of the Mai-dong, Busan Metropolitan City to the front day of the Seoul Women’s Hospital; (b) around 23:28, 2018.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver driving of drinking alcohol, report on the situation of driving of drinking alcohol and report on the circumstances of driving without licenses;

1. The driver's license ledger;

1. Previous convictions in the judgment: Inquiry about criminal history, investigation report (the confirmation of the previous history), summary order, and application of the statutes of the judgment;

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend and order to provide community service: The reason why it is necessary to strictly punish him/her in light of the risk of drinking driving; the higher alcohol level in the blood of this case is 0.101%; the history of the punishment of a fine for the same kind of crime is two times more favorable: Recognizing and reflecting the mistake; the occurrence of a traffic accident while driving the instant drinking and non-licensed driving; and the motive and background of the crime; the means of the crime.