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 7, 201, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving), and on August 18, 2017, the same court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving).

[2] Around 00:50 on December 21, 2017, the Defendant, while under the influence of alcohol level of 0.121% in blood, was driven by a DNA driver car at a distance of about 600 meters from the window of the window of Changwon-si to the front side of the tent located in the Dong-gu, Changwon-si, the Defendant was driving a DNA driver car at a distance of about 600 meters from the street to the front side of the road located in the Dong-gu, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and the driver's license register;

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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, the Defendant already committed a second offense without being aware that he had a total of four times punishment due to drinking driving, etc.

In addition, the Defendant was driving a motor vehicle without a license for four months or more since the license was revoked due to the driving of the front-hand vehicle.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

On the other hand, the distance of the vehicle did not lead to the actual accident.

The preceding previous conviction was sentenced to a fine in full, and the last five years of which is less than one. The last ten years of which is less than ten years.