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 November 18, 2014, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) in the Daejeon District Court's Branch of the Daejeon District Court on November 18, 201, and a fine of KRW 4 million for the same crime in the above court on October 21, 2016.

On January 5, 2017, the Defendant driven a B-learning car with alcohol level of 0.080% under the influence of alcohol level of 0.080% while under the influence of alcohol level of 0.080%, without obtaining a driver’s license from the front day of beer in which it is impossible to identify the trade name in Pyeongtaek-si in Skiak-si around 23:30 to the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 refers to the circumstances favorable to the defendant, such as the fact that the defendant had had a history of punishment for driving under drinking twice again, but has a history of punishment for driving under drinking again, is disadvantageous to the defendant, that the defendant repents his mistake, that the defendant has no record of punishment exceeding the fine, and that there is no record of punishment exceeding the fine.

In such circumstances, all the sentencing conditions, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as ordered.