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 July 31, 2009, the Defendant issued a summary order of KRW 2.5 million in Seoul Eastern District Court due to a violation of Road Traffic Act (drinking driving), and a crime of violating Road Traffic Act (drinking driving) at the Seoul Northern District Court on December 16, 2009.

Despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a DV-cracked car without a driver’s license on October 27, 2016 at approximately 2km from the roads of the Jung-gu, Seoul Special Metropolitan City, Jung-gu, to the same route as 752, while under the influence of alcohol content of about 0.138% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry about criminal history, and of each summary order;

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The fact that an order to attend a lecture or an order to provide community service has been served several times of punishment due to drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again leads to the crime of this case, there is no criminal punishment exceeding a fine, and the fact that no vehicle has been sold, and the drinking and the driver without a license

Considering the circumstances, such as the fact that it is against the situation;