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

[criminal history] On September 24, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic law at the Suwon District Court’s Eunpyeong District Court’s Eunpyeong District Court’s Li-gu, and a fine of two million won for the same crime at the Seoul East District Court’s Seoul East District Court’s on December 29, 2017.

[Criminal facts] On August 15, 2018, the Defendant was under the influence of alcohol of 0.134 percent in blood without a driver’s license on August 15, 2018. On the street located in Seongdong-gu Seoul Metropolitan Government, the Defendant driven BEVERLY 350 SPTRING two-wheeled vehicle in Seongdong-gu, Seongdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement report on the circumstances of driving at drinking, inquiry of the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and a copy of the judgment);

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 alternative imprisonment with prison labor (or, considering unfavorable circumstances, such as that the defendant has been punished for the same kind of crime several times);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount (a favorable circumstance, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;