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 7, 2007, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 2,500,000 as a crime of violating the Road Traffic Act (driving) in Seoul Southern Branch Support Act, and on May 4, 2011, the Defendant received a summary order of KRW 2,50,000 from the same crime.

[2] On September 30, 2017, the Defendant driven a Grand Sheet under the influence of alcohol level of 0.115% while under the influence of alcohol level of 0.15% without obtaining a driver’s license from around 23:43 to around 23:48 of the same day from around 23:48 to around 69 in the city of Bupyeong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of drinking control, statement of the situation of the driver under driving, report on the situation of driving under driving under driving under the influence of alcohol and report on the circumstances of driving without licenses;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (formers and confirmations), and application of each summary order Acts and subordinate statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service: The defendant's license needs to be strictly punished in light of the danger of drinking driving, the defendant's driving of drinking while the license was revoked. The nature of the crime is not good, the alcohol concentration in blood is 0.115%, the normal circumstances favorable to the two times punishment for the same crime are recognized and reflected, the traffic accident is not caused, and the various sentencing conditions indicated in the records and arguments, such as the motive and circumstance of the crime, the means of the crime, the circumstances after the crime, etc., are considered as follows.