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 March 2, 2015, the Defendant was sentenced to a summary order of a fine of five million won due to a violation of the Road Traffic Act (drinking driving) in the support for the childbirth of the Suwon Flag method and the Defendant was sentenced to a suspended sentence of one year on February 25, 201 by the same court for the same crime, etc.

On July 6, 2016, the Defendant, who had been punished twice or more due to drinking driving, driven B-learning cars at approximately 150 meters from the front day of the Dobong-gu store in the B-dong in the B-dong city to the front day of the 82 E-dong in the Eup-do, under the influence of alcohol leveling 0.076% of the blood alcohol level without a driver’s license on July 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 (see, e.g., Supreme Court Decision 2009Da15488, Jan. 2, 2009)

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;