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 February 19, 2013, the Defendant was sentenced to the suspension of indictment for a violation of road traffic laws at the Jinwon District Office's Jinwon District Office's Jinwon District Office's Jinju branch office on February 19, 201, and on October 14, 2013, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of road traffic laws.

On December 20, 2017, at around 00:08, the Defendant driven a B-hand car under the influence of alcohol content of 0.134% during blood without obtaining a driver’s license from the parking lot of “Korea-do Apartment apartment” in 17, a route of 296, a Han-gu, Jin-si, Jin-si, Seoul, to the front side of “Korea-do-do-ro apartment” in 841, as in the same city.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (applicable review);

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. Article 53 and Article 55 (1) 3 of the Criminal Act [Article 55 (1) 3 of the Act on Reduction of Small Quantity [Consideration of having no previous record of the same kind in the preceding three years];

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1548, May 2

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;