A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On August 22, 2008, the Defendant was issued a summary order of KRW 700,000,000,000 as a fine for the same crime at the Seoul Southern District Court's Seoul Southern District Court's Branch on March 9, 2017, as a crime of violating the Road Traffic Act (drinking) at the Busan District Court's Dong Branch Branch.

Nevertheless, on October 28, 2017, the Defendant driven BM car from around the front day of the main station in Mapo-gu Seoul Western-dong to the Tricheon-do road located in 277, in the state of alcohol concentration of 0.125% among blood transfusion around 04:50 on October 28, 2017.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven BMW automobiles without obtaining a driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of a drinking driver's practice;

1. The driver's license ledger;

1. A previous conviction: A reply to inquiry, such as criminal history, reporting on a previous conviction before and after the disposition, and applying a copy of each summary order to the statutes;

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. 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 reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant, even though he had the ability to drive drinking two times, has driven a drinking alcohol, and the defendant was not punished for driving two times, and thus, he was driving without a license again.