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

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

(b) the defendant;

Punishment of the crime

[criminal history] On July 19, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Jinju Branch on the ground of the violation of the Road Traffic Act. On December 20, 2010, the Defendant issued a summary order of KRW 2.5 million for the same crime at the same court on the same date, and on October 14, 201, issued a summary order of KRW 3 million for the same crime, etc. at the same court on the same date, and issued a summary order of KRW 5 million for the same crime at the same court on the same day on July 1, 2016.

[2] On December 28, 2016, the Defendant, without a vehicle driver’s license around 22:50 on December 28, 2016, driven a 2km car from around 0.064% alcohol concentration in blood. From the front of the “Free Singing” road located in the Gyeongnam-si, the Defendant driven a 2km car at around 2km in front of the same Eup’s mother road in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. An explanatory note;

1. Inquiries about the results of crackdown on driving alcohol;

1. Disqualifications for drivers' licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order, etc.);

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 social service order: The majority of the previous convictions - Circumstances favorable to him/her: A confession of a crime, reflectivity, or no criminal record