A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 7, 2017, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on April 7, 2017, and on October 22, 2017, on October 29, 2017, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving) with respect to driving under the influence of alcohol and driving without a license on two or more occasions.

Nevertheless, at around 06:00 on December 17, 2017, the Defendant driven CPoon vehicle under the influence of alcohol concentration of about 0.078 percent, without obtaining a driver's license in the section of about 100 meters from the old airport of Gangseo-gu Seoul, Gangseo-gu, Seoul to the street of about 424 o.e., the same airport.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: References to inquiries, such as criminal history, reporting on the result of confirmation of the previous conviction of the disposition, and the application of summary orders and 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 for the ordinary concurrences and the choice of a punishment (the punishment provided for a crime of violating the Road Traffic Act with heavier punishment and the choice of imprisonment);

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) one person driving alcohol, one person driving without a license, one person driving alcohol, and one person driving without a license, and each person receiving a summary order for a criminal investigation for a year 2017; and (b) the person making the last drinking and driving without a license again makes the drinking and driving without a license again in the instant case at least half of one month from the license for a person without a license; (c) the degree of alcohol in blood alcohol level; (d) the circumstances after the crime; (e) the defendant’s age, sexual behavior, environment, etc.