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 February 27, 2007, the Defendant was punished for drinking on two or more occasions by a fine of 500,000 won for a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court’s support for interest, and on May 4, 2016, by a court having the same offense issued a summary order of 3 million won or more for the same offense.

On March 10, 2018, the Defendant operated CCA 110 motor vehicles under the influence of alcohol with approximately 0.121% alcohol while under the influence of alcohol without obtaining a motor device driver's license in the section of about 700 meters from the front day of the string line in the front day of the string line in the front day of the Dong-gu, Gangnam-gun, Namjin-gun, Namjin-gun, the 19:25 on March 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the statement report on the situation of a driver driving, notification on the result of regulating drinking driving, the ledger of driver's licenses, and the actual survey report;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning the facts constituting an offense, and Articles 154 subparagraph 2 and 43 (the point of driving without a license for motor device) of the Road Traffic 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing: The defendant acknowledges his mistake and reflects his mistake, the defendant is a different military police officer, there is no minor criminal punishment exceeding the fine.

The factors of sentencing that are disadvantageous: the fact that there are criminal records of the same kind and the fact that the alcohol concentration in the blood is high.