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 6, 2014, the Defendant was issued a summary order of KRW 5 million by the same court on November 18, 2016 as a crime of violating the Road Traffic Act, in the support of the Daejeon District Court on the Incheon District Court.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act more than twice the aforementioned provisions, Defendant 2 again driven a B-5 vehicle under the influence of alcohol level 0.159% while under the influence of alcohol level 0.159%, without obtaining a driver’s license on the four km section from the road in front of a mutually unsurged gy on October 2016, where Asan City is located at the gynsan city, to the road in front of the gynsan city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction before disposition, and application of statutes of the summary order attached thereto;

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 refers to the circumstances favorable to the defendant, such as the fact that the defendant had had a history of punishment for driving under drinking twice again, but has a history of punishment for driving under drinking again, is disadvantageous to the defendant, that the defendant repents his mistake, that the defendant has no record of punishment exceeding the fine, and that there is no record of punishment exceeding the fine.

In such circumstances, all the sentencing conditions, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as ordered.