The punishment of the accused shall be determined by a year of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Punishment of the crime

[criminal history] On July 2, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law (driving alcohol) at the Seoul Southern District Court, and on November 24, 2017, the Defendant issued a summary order of KRW 5 million for a crime of violating road traffic law (driving alcohol) at the Jeonju District Court’s regular Eup branch office.

[2] On December 18, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 02:00 on December 18, 2017, driven B Coin or a motor vehicle while under the influence of alcohol content of about 0.081% in a portion of about 3km from the parking lot and the parking lot located in the upper Dong-Eup of the previous North Korea to the partnership 2 in the same singingro.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a copy of the summary order attached thereto) and other 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on a person who commits a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the degree and distance of alcohol level and driving distance from the blood alcohol level; (b) the Defendant was punished by a fine twice due to drinking driving; (c) the driving of a drinking without a license again at the time when the Defendant was sentenced to a summary order of a fine on November 2017; (d) the Defendant had no record of punishment heavier than a suspended sentence and the Defendant did not repeat the sentence; and (e) the Defendant’s age is the Defendant’s age.