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 June 10, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act, and was sentenced to a fine of 3.5 million won for the same crime in the same court on June 5, 2013, and was sentenced to a fine of 5 million won for the same crime in the same court on May 21, 2014, and was sentenced to a fine of 5 million won for the same crime in the same court on November 16, 2016.

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (drinking) as above, on July 20, 2017, the Defendant was under the influence of at least 0.151% of alcohol in blood without obtaining a driver’s license on July 20, 2017, the Defendant driven a eF rocketing car from approximately 500 meters from the front day of the runway in Daegu Jung-gu to 3-ro 12 degrees from the front day of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a suspected violation of traffic laws (driving, etc.) on roads;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger, etc.;

1. Previous convictions: A reply to inquiry, such as criminal history, reporting on the results of investigation (the same criminal record and judgment of the suspect), and application of Acts and subordinate statutes;

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 an alternative imprisonment with prison labor (the weight of alcohol contained in the judgment exceeds 0.1% and the weight of alcohol contained in the blood is more severe than 0.1%, for which the driving background and motive are not considered;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (no person shall be sentenced to a suspended sentence or heavier for committing the same type of crime, nor shall he/she be subject to serious reflection, and social ties clearly);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for mitigation of the aforementioned amount);

1. The Criminal Act for orders to provide community service and attend lectures;