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

On November 7, 2011, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (driving alcohol), and a fine of KRW 5 million due to the same offense in the same court on May 11, 2012. On October 20, 2016, the Defendant driven a DNA car with a alcohol level of KRW 0.243% under the influence of alcohol during blood alcohol, without obtaining a driver’s license from the front of a mutually unclaimed restaurant in the Geum-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the front day of the road in the middle of the 249-2, the same Eup and Myeon-gun, around 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver's license and notification of the results of regulating drinking driving;

1. Inquiries into the driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (report attached to the previous conviction and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant committed the instant crime even though he/she had been already punished several times due to the same kind of crime, and circumstances favorable to the fact that the alcohol level in blood was very high at the time of the instant crime: The defendant would not once again drive drinking and unauthorized driving while recognizing the instant crime;

The above circumstances and the defendant's age, sex, environment, circumstances, means and results of the crime, and the circumstances after the crime are considered, the punishment as ordered shall be determined in consideration of all the sentencing conditions.