A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant driving a motor vehicle under the influence of alcohol on December 20, 206 (the issuance of a summary order of KRW 3 million at the Suwon District Court on March 9, 2007), driving a motor vehicle under the influence of alcohol on June 17, 201 (the issuance of a summary order of KRW 4 million at the Suwon District Court on September 21, 201), driving a motor vehicle under the influence of alcohol on July 19, 201 (the issuance of a summary order of KRW 8 million at the Seosan Branch of the Daejeon District Court on September 30, 201), and Article 44 (1) of the Road Traffic Act at least twice.

On October 29, 2018, at around 02:02, the Defendant driven a rocketing car from about 1km to the front road of the Osan City, 0.113% of alcohol concentration on the blood alcohol level on October 29, 2018, without a driver’s license.

Accordingly, the Defendant, even though he had a history of driving a motor vehicle under the influence of alcohol not less than twice, once again driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of the case, and field photographs;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Application of inquiries, such as criminal records, and a copy of a summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was committed on two or more occasions, and the defendant, whose driver's license was revoked on August 24, 2016 due to drinking driving, is not less than a minor crime, but not only the amount of blood alcohol concentration due to drinking of this case is lower.