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

[criminal history] On June 11, 2008, the Defendant received a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) at the Seoul Southern District Court on June 11, 2008, a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) at the inn support of the Suwon District Court on June 25, 2008, and a fine of KRW 5 million as a crime of violating the Road Traffic Act (drinking) at the inn support of the Suwon Friwon Friju on February 3, 2015.

[Criminal facts]

1. On March 14, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license) driving a BM3 vehicle without obtaining a driver’s license, under the influence of alcohol concentration of about 0.137% from the 2km section of blood, from the 3142 Hyundai Mar. 14, 2016, to the front of the 137 self-employed household, at the 3142 World Madern Mar. 14, 2016, in a manner that the Defendant was under the influence of alcohol concentration of about 0.137% in blood.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act driving a BM3 car without mandatory insurance as above at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Inquiries about the results of crackdown on driving drinking, and inquiries about mandatory insurance;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;