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 November 19, 2010, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court, and was sentenced to a fine of seven million won for the same crime on May 31, 2017.

[2] On August 9, 2017, at around 02:10, the Defendant driven a blick-ket under the influence of alcohol content of 0.169% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from around 300 meters in a section of around 300 meters from the street in front of the Jin-dong Sho-dong Shodong Shodong Shobelel to the front of the Jin-dong Hodong Gak-dong Gak-dong Gakdong Gak-dong GS25.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of drinking, notification of the results of crackdown on drinking driving, the ledger of driver's licenses, and making an next inquiry;

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

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment with prison labor shall be selected in consideration of the past record of drinking driving over a period of eight months, and two years of probation.

However, it is reasonable to consider the facts that the defendant confessions and reflects, and that there is no criminal history exceeding the fine, etc. in favor of him.