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 July 20, 2015, the Defendant received a summary order of KRW 4 million for a fine of KRW 1 million for a crime of violation of road traffic law (driving under drinking), and a summary order of KRW 4 million for a crime of violation of road traffic law (driving under drinking) in the same court on August 27, 2013.

[2] On August 13, 2017, the Defendant driven a motor device bicycle driver’s license at approximately 100 meters section from the front side of the suspect’s house in Seongbuk-gu, Sungnam-si, Sungnam-si, to the front side of Sungnam-si, Sungnam-si, and without obtaining a motor device bicycle driver’s license from around 100 meters to the front side of Sungnam-si, the Defendant driven a DNA 1105-wheeled Bab with alcohol content of about 0.187%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and the punishment for a violation of the Road Traffic Act with heavier punishment);

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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

The defendant committed the crime of this case even though he had been punished twice due to drinking and non-licensed driving, and the defendant's blood alcohol concentration was considerably high, etc., which are disadvantageous to the defendant, or the defendant recognized the crime of this case and reflects it, and exceeds the fine of the defendant.