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 October 31, 2007, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Incheon District Court, on April 8, 201, a summary order of KRW 2.5 million as a fine at the Seoul District Court’s same crime, and on March 4, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Incheon District Court’s Vice Branch Branch, and one year of suspended execution.

Although the Defendant violated Article 44(1)(d) of the Road Traffic Act more than twice, on February 9, 2017, at around 06:50, the Defendant driven a dalp vehicle with a alcohol content of 0.068% under the influence of alcohol during blood without a driver’s license on February 9, 2017, and proceeded with approximately 300 meters from the dong apartment parking lot in Seo-gu Incheon, Seo-gu, Incheon to the same west-gu road of food materials in front of food materials.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (reports attached to the summary order, etc. of the same kind of power), and application of respective Acts and subordinate statutes attached thereto;

1. Article 148-2 (1) 1 and 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 (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The Defendant’s reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Protection, Observation, etc. of the Criminal Act, and Article 62-2(1) of the same Act, and Article 59 of the Act on the Protection, Inspection, etc. of the said Act, not only three times of criminal records due to drinking,