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 August 2, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on August 2, 2013, and a fine of KRW 2 million for a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on December 24, 2015 and a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents

[2] On February 20, 2016, the Defendant did not obtain a driver’s license on a motor vehicle on February 20, 2016, and stated 0.158% in a written complaint with alcohol content 0.154 in blood, but the amount of the respiratory measuring instrument is 0.154%. The Defendant’s correction ex officio because it is obvious that it is a clerical error and is not disadvantageous to the Defendant.

While being under the influence of %, from around the Seo-gu, Seo-gu, Incheon, Seo-dong Mahee apartment to the shooting distance of the international city in the same Gu-dong Mahee-dong, 2 km Ak-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation report (the previous and confirmation), summary order;

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 for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;