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.

Criminal facts

On June 1, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Seoul Northern District Court, and on June 27, 2016, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Sungnam Support Center of Suwon Friwon Friwon.

On July 13, 2017, at around 09:05, the Defendant driven B rocketing car with approximately 280 meters alcohol content 0.132% while under the influence of alcohol without obtaining a driver's license from the front of the Clock convenience store in the Busan Slock-dong to the front road of the same Dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the summary order of the same kind of power);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reason for sentencing under Article 62-2(1) and the main text of Article 62-2(2) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Education, the Defendant, prior to the instant crime, had been punished twice prior to the instant crime, once the license was revoked, re-driving a drinking alcohol while the license was revoked.

At the time of the crime of this case, the amount of alcohol concentration among the blood of the defendant is also also.