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 10, 2015, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Seoul Northern District Court on November 10, 2015, and KRW 5 million as a fine from the Jung-gu District Court on July 6, 2017.

[2] On February 22, 2018, the Defendant: (a) was a person who violated the drinking prohibition provision on two or more occasions; (b) was driving a Dsp-type car under the influence of alcohol with approximately 10km alcohol concentration of about 0.170% at a 0.170% alcohol level, without obtaining a driver’s license in the section of about 10km from the road 68, Jyang-si, Jyang-si, Namyang-si, Jyang-si, Seoul, to the front road of 1283 Boyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Period of punishment by law: Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence: A sentence of imprisonment with prison labor for 8 months and suspended sentence for 2 years is disadvantageous to the defendant who committed the instant crime again within a short time, even though the defendant had been punished for driving under drinking twice.

Defendant is against the law and will not commit a second offense.

The fact that there is no record of being sentenced to suspended sentence or more shall be considered in light of the circumstances favorable to the defendant, and the defendant's age, sex, environment, family relationship, circumstances and motive of the crime, circumstances after the crime, and other factors of sentencing as shown in the arguments in this case shall be determined as the same as the order.