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] Violation of the Road Traffic Act (Drinking in 2008): A fine of one million won for a violation of the Road Traffic Act (Drinking in 2013): A fine of two million won for a violation of the Road Traffic Act (Drinking in 2013): The Defendant was under the influence of 0.083% without a driver's license, and the Defendant was under the influence of 0.083% for a motor vehicle. Around March 15, 2017, the Defendant was driving a motor vehicle B in the section of approximately 300 meters from the front day of the high-speed road to the front day of the Busan Bank located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The license register for automatic winding;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. 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. The former sentence of imprisonment with prison labor for eight months: Imprisonment with prison labor for a period of eight months or suspension of execution, two years or more, 40 hours attending a course, and grounds for an increase of 80 hours for community service: The degree of alcohol and the same previous conviction (=one previous conviction and fine) before the judgment, etc.; the confession, etc.;