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

On July 14, 2014, the Defendant received a summary order of KRW 7 million from the Seoul Western District Court due to a violation of the Road Traffic Act (drinking driving), and on May 13, 2016, the Defendant received a summary order of KRW 7 million from the Seoul Western District Court due to a violation of the Road Traffic Act (drinking driving). On May 13, 2016, the Defendant received a summary order of KRW 7 million from the Seoul Western District Court on the same kind of traffic (dacting driving), and was 4 times in total, and the criminal records of the same kind of traffic act (dacting driving) are three times in total.

On April 29, 2016, the Defendant driven C SP motor vehicle at approximately 15km from the front road of the Gyeonggi-gu Yangyang-si, Yangyang-si, with a alcohol level of 0.091% under the influence of alcohol during blood without a driver’s license on April 29, 2016, to the front road of the C SPP motor vehicle located in the same military flow pool.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of 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, report on investigation (verification of the same kind of force);

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 stay of execution (Article 62 (1) of the Criminal Act on the condition that there exists no record of punishment heavier than a fine for the same kind of crime);

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;