1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 25, 2013, the Defendant received a summary order of a fine of seven million won due to a violation of road traffic law (drinking) in the leisure support of a water source method source, and on June 24, 2015, the Defendant received a summary order of a fine of seven million won due to a violation of road traffic law (drinking) in the support of the Chungcheong District Court, and five criminal records of the same kind.

Although the Defendant had been punished twice or more due to drinking driving, on July 30, 2017, at around 05:17, the Defendant driven a B Belgium car under the influence of alcohol with approximately 0.106% alcohol concentration in the blood alcohol level without obtaining a driver’s license in the section of about 300 meters from the vicinity of the GS convenience store to the front of the road located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous offense: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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