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 May 29, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law at the Seoul Eastern District Court, and on July 21, 2015, a summary order of KRW 1 million for the same crime was issued by the Cheongju District Court.

[2] On February 4, 2016, at around 01:58, the Defendant driven BM3 automobiles under the influence of alcohol concentration of 0.122% during blood alcohol without obtaining a driver’s license from the front of the restaurant in which it is impossible to know the trade name in the Yeonsu-si, Chungcheongnam-si from the front of the restaurant in which it is impossible to identify, to the front of the 8-gil 20,000 in Chungcheongnam-si, the CM3 automobiles under the influence of alcohol level of 0.122%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same force as the suspect) statute;

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 of the Commercial Competition;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant had the record of being punished by a fine due to drinking alcohol driving, in particular, despite having received a summary order on July 21, 2015, the defendant committed the crime of this case again despite the fact that he/she again committed the crime of this case; circumstances favorable to the defendant's blood alcohol concentration at the time of this case: the defendant recognized all of the crimes of this case; the defendant has no record of criminal punishment exceeding the fine; the defendant has no record of criminal punishment; the above circumstances and the defendant's age, sex behavior, environment, circumstances, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by the order.