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 27, 2007, the Defendant was issued a summary order of 2.5 million won for a crime of violating road traffic laws at the Seoul Central District Court on April 27, 2007, and on August 24, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic laws at the Seoul Central District Court on August 24, 201, and was sentenced to a suspended sentence of one year for a violation of Article 44(1) of the Road Traffic Act on two occasions.

On September 8, 2017, around 23:43, the Defendant driven B 124C obaba in the state of alcohol alcohol concentration of about 1 km from the border of the chemical railway station located in Gangseo-gu, Seoul to the Samyangyang-ro 279 and the front road of the Cyang-gu, Seoul, Gangnam-gu, Seoul, to the Hanyang-gu, Samyang-gu, Seoul, without a motor device bicycle license, while under the influence of alcohol content of 0.178%.

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. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of the text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant had the past history of being punished by a fine for one time due to drinking, drinking, unlicensed driving, and unlicensed driving; (b) the Defendant again committed the instant crime despite the past record of being sentenced to a suspended sentence once due to drinking and unlicensed driving; (c) the Defendant committed the instant crime at the time of the instant case at a disadvantage; (d) the Defendant reflects the recognition of the instant criminal fact and the mistake; and (e) the Defendant’s health is not good and there is a family member to support the Defendant.