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 June 29, 2007, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on July 1, 2016, a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act was issued on July 1, 2016.

On March 28, 2017, around 02:05, the Defendant driven a BS-type car with approximately 300 meters alcohol concentration at around 0.116% while under the influence of alcohol without obtaining a driver’s license from the street in front of the 119 Safety Center located in the 1111, an Eup/Myeon-ro Do-ro 111, to the red Sspacker, located in the same Eup/Myeon-ro 18-1.

As a result, the defendant has driven a motor vehicle more than twice and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry and a written inquiry, a report on investigation (Attachment to the same previous conviction and the summary order);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Punishment of imprisonment with prison labor for a period of suspension of the execution of imprisonment with prison labor for a period of time due to drinking driving, the punishment of a fine has been imposed, and the defendant is the case of driving a motor vehicle under the influence of alcohol or without a license: confession, reflectivity, and the fact that the defendant does not subsequently repeat the case: The punishment is imposed on the defendant's age, family relation, details of the crime, etc.: 8 months of suspension of execution, two years of probation,