A defendant shall be punished by imprisonment for seven 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

On December 8, 2011, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of the Road Traffic Act (drinking driving) at the District Court of Jung-gu District on December 8, 201, and was prosecuted for the same crime in the same court on December 7, 2017.

On February 24, 2018, at around 09:20, the Defendant driven C Poter Cargo Vehicles with approximately 500 meters alcohol concentration 0.119% while under the influence of alcohol without obtaining a driver's license from the front road of the Government of Gyeonggi-do to the underground roadway of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a summary order, indictment attached) and other statutes;

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 for Reduction of Quantity (see, e.g., Supreme Court Decision 500 meters at the distance of 500 meters for drinking and driving without a license) (see, e.g., Supreme Court Decision 200Da1548, Jan. 2, 2006; Supreme Court Decision 200Da1488, Feb.

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, has twice the record of violation of drinking regulations, and in particular, the record of last drinking driving is an offense on November 22, 2017 and repeated driving of drinking.

However, the drinking and unlicensed driving distance of this case is about 500 meters, and there are reasons to consider the drinking and unlicensed driving of this case (the defendant is engaged in the apartment management work, and there are reasons to consider the fact that the whole apartment water was destroyed due to a single wave and the apartment water was damaged, and there are reasons to consider the fact that the whole apartment water was caused by an urgent operation for the work, such as the suspension of execution, the fact that there is no criminal record of the same kind or more of the suspension of execution, and that it is against it.