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

[criminal history] On January 2, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court, and a summary order of KRW 2 million as a fine in the same court on April 29, 2014.

[2] On April 16, 2017, the Defendant driven a Bschton car under the influence of alcohol content of about 0.123% in blood without a vehicle driver’s license from approximately 4km section from the 4km section before the restaurant road to the front road of the Han River High School located in the Han River-gu Incheon Metropolitan City Spopoi, Han-si, Han-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: To inquire about criminal and investigation career data, and to apply Acts and subordinate statutes of an investigation report (a copy of the previous and summary order attached);

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. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the protection and observation and the sentencing of Article 62-2 of the Social Service Order Criminal Act is that the blood alcohol concentration at the time of the instant case was high, and the Defendant caused a traffic accident while driving a license without a alcohol license.

The defendant had been punished for the same crime, and the driver's license was revoked due to drinking driving.

In addition, the sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be determined as per the order after considering all the circumstances.