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

[2] On February 15, 2007, the Defendant received a summary order of a fine of KRW 3 million from the Seoul Central District Court to a fine of KRW 3 million as an offense of violating the Road Traffic Act (drinking). On November 20, 2009, the Defendant received a summary order of KRW 3 million as an offense of the same offense from the Seoul Central District Court.

[2] On December 17, 2017, the Defendant: (a) was a person who violated the drinking prohibition provision twice or more; and (b) was driving C-learning car under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.120% in the blood without the driver’s license to the roads adjacent to the well-known apartment house located in the Dong-gu, Bupyeong-gu, Sin-gu, Bupyeong-gu, Seoul Special Metropolitan City on December 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Period of punishment by law: Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for 8 months and 2 years of suspended sentence (unfavorable circumstances) the Defendant committed the instant crime even though he/she had been punished several times due to drinking driving and non-licensed driving, and again committed the instant crime.

[The favorable circumstances] The defendant recognized a mistake and reflects it.

The mother who suffers from dementia supports the mother who suffers from dementia.

In the above circumstances, the defendant's age, sex, living environment, family relationship, background and motive of the crime, blood alcohol concentration, distance from driving alcohol, circumstances after the crime, and other sentencing conditions specified in the arguments shall be determined as ordered by considering the following circumstances.