A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal history] On April 14, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violating the Road Traffic Act (driving in drinking), and on April 22, 2016, the Defendant was issued a summary order of KRW 4 million as a fine for the same crime from the Changwon District Court's Jinju Branch.

[2] On March 18, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on March 18, 2017, driven BK7 motor vehicles owned by the Defendant’s wife at approximately 300 meters section from the GM apartment parking lot located in the Seocho-si, Jin-si, Seoul, through the Agricultural Cooperative Co., Ltd. located in the same Dong through Jin-si, with a alcohol content of 0.063% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. Investigative into the ledger of driver's licenses and the main office;

1. Investigation report (applicable to a violation of drinking three times);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the community service order: Cumulativeities of the same crime - Circumstances favorable to the latter: confession of and reflect on the crime;