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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 1, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court Jinju branch on July 1, 201, and on April 8, 201, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court on April 8, 2016, and on August 29, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic laws (drawing driving without a license) at the same court on August 29, 201.

On December 8, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 13:02 on December 13, 2017, driven a motor vehicle B with low alcohol in the section of around 300 meters in front of a 300-meter radius in the Ha-dong, Ha-dong, Hanam-dong, under the influence of alcohol content of 0.076%.

Accordingly, the Defendant, without a driver’s license, violated Article 44(1)(Prohibition of Driving under the influence of alcohol) of the Road Traffic Act not less than twice, and driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than 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 stay of execution (including the fact that alcohol content in blood is not relatively high);

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;