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

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

Punishment of the crime

On May 9, 2007, the Defendant was issued a summary order of KRW 1,50,000,000,000 as a fine for a violation of road traffic law (drinking) at the Goyang Branch of the Jung-gu District Court on May 9, 2007, and KRW 2 million as a fine for the same crime at the same court on March 23,

Although the Defendant had twice the power of driving under the influence of alcohol, on July 15, 2016, at around 21:50, the Defendant driven a B U-A6 car from the section of about 10km up to the 10km road located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, with a alcohol level of 0.053% under the influence of alcohol during blood without a driver’s license.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of alcohol, a statement on the circumstances of the driving driver, a report on the situation of driving without a license, and the register of driver's licenses;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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. In full view of the following factors: (a) the confession and reflectivity of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the degree of alcohol content; (c) the records of punishment for the same kind of crime (four-time driving of drinking alcohol; and (d) the time gap between each punishment force; (d) the time gap between each punishment force; and (d) the fact that there is no history of punishment exceeding the fine; (c) the defendant’s age, sex behavior, environment, occupation and career; (d) family relationship; (d) the details of the crime; and (