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 August 4, 201, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the Seogwon District Court’s branch branch on August 4, 2011, and on January 9, 2015, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (dive Vehicles) at the Changwon District Court on January 9, 2015 and was sentenced

[2] On April 22, 2018, the Defendant driven BM5 vehicle under the influence of alcohol concentration of 0.176% while under the influence of alcohol concentration of 0.176% in blood without a driver’s license, from the front side of the semi-month restaurant located in the 2-lane, Seocho-gun, Seocho-do, Seocho-do, Seoul Special Metropolitan City, to the front side of the entrance of two luxal village located in the same Cheong-dong 315 in the same military Cheongdong-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking, report on the circumstances of the driver driving a drinking, inquiry of the results of crackdown on the driver driving a drinking, and notification of the results thereof;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

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 Reduction of Quantity (the consideration given in favor of the defendant, such as the fact that the defendant recognized the crime and reflects his/her mistake, and that there is a family member to support the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The repeated consideration to the defendant);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;