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 September 22, 2006, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving alcohol) at the Seoul Central District Court on September 2, 2006, and was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving alcohol) at the Sungnam Support Center on November 7, 2016.

[2] On May 19, 2018, around 07:54, the Defendant driven Category C Gaba vehicle under the influence of alcohol concentration of 0.114% in blood without a vehicle driver’s license, while driving approximately approximately 18km of alcohol from the 2-ro, Seongdong-gu, Seoul Metropolitan Government, without a driver’s license, to the road adjacent to the underground roadway in the direction of the Gaba-gu, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs of the scene of accidents;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history (A), and application of Acts and subordinate statutes to report criminal investigations (Attachment of criminal records of the same kind as the suspect);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be selected, taking into account the power of drinking and non-licensed driving over a period of eight months of imprisonment, and two years of probation.

However, the amount of punishment shall be reduced by considering the favorable circumstances, such as the defendant's confession and reflect, and the fact that there is no criminal history exceeding the fine.

In addition, the age, sex, environment, and motive for the crime of the defendant;