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 1, 2006, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on August 1, 2006, and a summary order of KRW 4,00,000 to a fine for the same crime on September 10, 205, and was punished as a crime of violating the Road Traffic Act (drinking) at least twice, respectively.

[2] On September 26, 2017, at around 01:21, the Defendant driven B Poter cargo under the influence of alcohol content of 0.188% while under the influence of alcohol without obtaining a driver’s license from a section of about 3km from the front side of the RiU convenience store to the front side of the slsan Village, if the Defendant cancels the same military.

In this respect, the Defendant was punished for a violation of the Road Traffic Act (drinking driving) more than twice, but driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of regulating driving under drinking, and a report on the circumstances of the driver under drinking;

1. The driver's license ledger;

1. Investigative report, inquiry into the results of regulating drinking driving, and application of Acts and subordinate statutes concerning the revocation of driver's license;

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 (The following favorable circumstances shall be considered):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Determination of a sentence to the effect that there are records of being punished several times due to the same crime, circumstances in which drinking value is very favorable: The fact that there are family members, and there is no history of punishment exceeding a fine: the above circumstances, and the age, sex, career, and experience of the defendant;