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

[criminal history] On February 5, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the port support of the Daegu District Court, and a summary order of KRW 3 million for the same crime in the same court on December 3, 2012.

[2] While Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a B rocketing car with alcohol concentration of about 0.074% during blood alcohol level without obtaining a driver’s license in the section of about 50 meters in front of the building located in south-gu in the south-gu Office of Port on November 12, 2016, and driving a car under the influence of alcohol level of about 0.074% in front of the building located in the same Dong-gu. On the same day, at around 11:20, the same day, Defendant 2 driven a car with approximately 4km from the front day of the Dong apartment located in the south-gu Office of Fridong at the same time, to the front day of the Mandong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who makes a drinking, report on the circumstances of a driver who makes a drinking, and report on the results of regulating drinking;

1. The driver's license ledger;

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

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. The provisions of Articles 40 and 50 of the Criminal Act (the punishment on the violation of the Road Traffic Act due to temporary drinking driving and the violation of the Road Traffic Act due to non-licenseed driving shall be imposed on the crimes of violating the Road Traffic Act due to heavy drinking, and the punishment on the violation of the said Act shall be imposed, and choice of imprisonment shall be imposed);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to a person who has committed a crime with a heavier penalty on November 11, 2016).