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 January 18, 2012, the Defendant was sentenced to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on February 26, 2015, and was sentenced to a fine of KRW 2,00,000 as a crime of violating the Road Traffic Act (driving alcohol) at the Incheon District Court’s Vice Branch Branch Branch Support on February 26, 2015.

[Criminal facts]

1. On January 16, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without obtaining a driver’s license from around 6 km section from the Defendant’s residence located in Mapo-si B of Mapo-si, Mapo-si, Mapo-si, Mapo-si, to the front left of Mapo-ro of 497.

2. On January 17, 2016, the Defendant violated the Road Traffic Act (drinking) driving a motor vehicle with a half-meter 5m alcohol content at a gold-line parking lot located in the Sinpo-si, Sinpo-si, Sinpo-si, 497, while under the influence of alcohol with 0.151% alcohol content in blood.

After all, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the prohibition clause on driving two times or more.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Act on Orders to Provide community service and attend lectures - An unfavorable circumstance: The fact that two times of punishment for the same crime was committed, and the blood alcohol concentration is relatively high - A favorable circumstance: The Defendant is against the Defendant’s recognition of the crime, and there is