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

The Defendant, at the Seoul Southern District Court on May 13, 2008, was sentenced to a fine of one million won for the crime of violating the Road Traffic Act (drinking driving), a fine of one million won for the same crime in the same court on March 18, 2009, and a suspended sentence of one year for six months for the same crime in the same court on April 19, 2012.

On December 28, 2016, around 03:50 on December 28, 2016, the Defendant driven a B-hand car with alcohol content of about 0.107 percent while under the influence of alcohol without a vehicle driver's license at approximately 250 meters from the front day of the sea brea-dong in Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu to the front day of the 714 green-ro as it was in the same roof.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal 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 suspension of execution (the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Inspection of Education: The circumstances favorable to the defendant committed the instant crime even though he/she was punished by imprisonment with prison labor for one time among them: The defendant's depth and was exposed at the lane, and the defendant's age, sexual behavior, environment, means and result of the instant crime, and the circumstances after the commission of the crime, etc., were considered as a whole, and the punishment is determined as the same as the order.