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 July 5, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (driving alcohol) at the Jung-gu District Court, and on April 28, 2016, the Defendant was issued a summary order of KRW 3 million for the same crime.

[2] On May 19, 2017, the Defendant driven a Bncoo vehicle while under the influence of alcohol leveling 0.162%, without a driver’s license, at a distance of about 800 meters from the front of a single-presidential restaurant located in 95, a single-presidential cafeteria, a single-presidential cafeteria, a single-presidential cafeteria located in 187-17, the front road of the same Eup/Myeon.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. The driver's license ledger (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of two copies of the summary order issued under two Acts and subordinate statutes; and

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there has been two times of punishment due to the violation of the Road Traffic Act (drinking driving), confessions and reflects that there has been a record of punishment.