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 March 11, 2014, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (driving) at the source of a water source method on March 11, 201, and on May 31, 2017, a fine of KRW 3 million to a violation of the Road Traffic Act (driving) at the source of a water source method, and was punished twice due to drinking.

On August 3, 2017, at around 01:01, the Defendant driven a benz car under the influence of alcohol content of at least 0.085% while under the influence of alcohol without obtaining a driver’s license from around 100 meters in a section of approximately 100 meters from the road that was located after viewing water sources in Suwon-si, Suwon-si, Suwon-si, to the front day of viewing such water sources.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of records of drinking alcohol measurement and the results of regulating drinking driving;

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

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of investigation reports (verification of the history of punishment for drinking driving) Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant, who led to the confession of each of the instant crimes, recognized his mistake, and the Defendant’s driver’s license was revoked on May 28, 2017.