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 January 25, 2013, the Defendant issued a summary order of KRW 1 million for a crime of driving under the Road Traffic Act at the Seoul Western District Court, and a summary order of KRW 4 million for the same crime at the same court on July 24, 2017, respectively.

On December 28, 2017, around 22:38, the Defendant driven BM5 vehicle under the influence of alcohol content 0.156% while under the influence of alcohol without obtaining a driver’s license from around 50 meters in a road near the new details of the previous year on the alley-dong in Eunpyeong-gu Seoul Metropolitan Government on the alley of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment conditions specified in the records and changes theory, such as the defendant's age, sex, family relationship, and circumstances before and after the crime, are considered as stated in its holding, and the two fines have already been imposed on the violation of the Road Traffic Act. On June 11, 2017, the driver's license was revoked, but the driver's license of the motor vehicle was revoked, and the crime of this case was committed again for a period of six months: The defendant has no record of being punished by a fine or heavier for the same crime.