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

[2] On November 10, 1992, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Incheon District Court, and was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Chungcheong District Court on April 25, 2003. On October 21, 2005, the Defendant was sentenced to a fine of two million won for the same crime at the same court on November 4, 2008. On May 31, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (non-licenseless driving) and was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Southern District Court on November 28, 2014, and was sentenced to a suspended sentence of one million won for a violation of the Road Traffic Act at the Seoul District Court on April 16, 201, and was sentenced to a fine of two hundred one million won for a violation of the Road Traffic Act.

[Criminal facts] On September 24, 2016, the Defendant driven B-low XG car under the influence of alcohol concentration of about 0.176% without a vehicle driver’s license from approximately 2km section from the front of the apartment complex 6 in Yeonsu-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front of the Hanyang-si restaurant in the same city name, to approximately 84 meters from the front of the apartment complex to the front of the Hanyang-si restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger (No. 14 No. 5 of the evidence list);

1. Previous conviction in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification of the same kind of force), and summary order, 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. 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 1.