A defendant shall be punished by imprisonment for not more than ten 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 June 5, 2009, the Defendant was issued a summary order of a fine of four million won for a violation of road traffic law at the Seoul Eastern District Court on the following grounds: (a) on November 26, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law in the early branch of the Chuncheon District Court on November 26, 2014; and (b) on the other hand, he was sentenced to a suspended sentence of two years for a violation of road traffic law.

On May 2, 2017, the Defendant driven a CM3 car under the influence of alcohol content of 0.057% while under the influence of alcohol without obtaining a driver's license from a distance of about 3 km from the front side of the sports complex in the Seocho-si, Young-si to the front side of the Choyang-dong community service center located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of occurrence of the case, notification of the result of regulating drinking driving, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is against the defendant's recognition of the crime of this case, the defendant committed the crime of this case again even though there are many records of punishment for the same kind of crime, the distance and degree of alcohol concentration of the defendant driven in a drinking state, and other various sentencing conditions, including the defendant's age, sex, sex, environment, circumstances of the crime, means and consequence, and the circumstances after the crime, shall be determined as ordered.