Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Punishment of the crime

[criminal history] On November 18, 2015, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Changwon District Court’s branch on November 18, 2015. On December 2, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime, etc. on December 2, 2015, and the judgment became final and conclusive on December 10, 2015.

[2] On April 29, 2017, the Defendant: (a) driven a B rocketing car under the influence of alcohol content 0.108% while under the influence of alcohol content 0.108% from a section of about 200 meters from the front of the central market of the Gapo-dong, which is located in the Gapo-dong on April 29, 2017 to the front of the Gapo-dong store in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. A report on investigation;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the records punished not less than twice by driving under drinking, and confirmation of the facts under current probation period);

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 imprisonment with prison labor chosen;

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

1. In light of the fact that the reasons for sentencing of Article 62-2 of the Criminal Act, such as the protection and observation, community service order, and order to attend a lecture, have five times punishment (two times a suspended sentence of imprisonment, three times a fine), and the defendant committed the crime of driving without a license for drinking alcohol in this case during the suspended period due to the crime of violating the Road Traffic Act (driving of alcohol), it is true that the defendant's serious punishment is necessary.

However, the defendant's time to commit the crime of this case is relatively short, and the defendant's distance of driving a car is relatively short.