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 October 26, 2016, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating road traffic laws (drinking) at the District Court of Jung-gu on October 26, 2016. On May 11, 2017, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

[Fact of crime] On July 13, 2017, the Defendant driven B Poter II cargo without a driver’s license while under the influence of alcohol content of about 50 meters from the upper 20:55 to the 3rd fluor around the same fluor, the upper fluor, the upper fluor, the upper fluor, the upper fluor, along with alcohol content of about 0.086% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of driving the same kind of drinking alcohol);

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 Small Quantity (the driving distance of this case is about 50 meters, the driving distance of this case is about 50 meters, the alcohol concentration in blood is relatively high, the violation of the law, and the absence of identical criminal records in excess of fines);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times the Defendant’s previous years of drinking, one time before driving without a license, and the Defendant’s previous years of the same kind are repeated driving of drinking in the recent years of the previous years of 2016 and 2017: Provided, That the driving distance of the instant case is only about 50 meters, the driving distance is less than a relatively high level of alcohol concentration in the blood, is contrary to the fact that the driving distance of the instant case is less than a relatively high level of alcohol concentration in the blood, and there is no same kind of criminal