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 April 7, 2008, the Defendant received a summary order of 2.5 million won from the Changwon District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on March 15, 2010, the Defendant received a summary order of 2 million won from the same court as a crime of violating the Road Traffic Act (drinking driving).

On January 8, 2017, the Defendant driven a e-mail vehicle under the influence of alcohol level 0.137% while under the influence of alcohol level 0.5m without the driver’s license, from the 1.5m section to the front day of the department store Masan shop to the front day of the “C” located in the Changwon Mapo-gu Mapo-si, Changwon-si, Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. The driver's license ledger (A);

1. Application of an inquiry report, such as criminal history, and an investigation report (a summary order accompanied by an order issued) pursuant to 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been sentenced several times for the same crime, committed the crime of this case at the same time, considering the circumstances favorable to the defendant, such as the circumstances unfavorable to the defendant, the fact that the defendant recognized the crime of this case, the fact that the defendant has no serious criminal record, etc., the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as indicated in the records and arguments of this case, including the defendant's age, environment, sex behavior, motive and means of the crime, and circumstances after the crime.