A defendant shall be punished by imprisonment for six 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

The Defendant, at the Seoul Western District Court on October 5, 2012, has been sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on July 10, 2009, a fine of two million won for the same crime in the same court on July 10, 2009, and a fine of one million won for the same crime in the same court on June 29, 2007.

On June 7, 2014, at around 06:36, the Defendant driven BM3 automobiles from the front day of the collection of the So-gu Seoul Metropolitan Maamba-dong to the front day of the 252 Gaon-ro, Eunpyeong-gu, Seoul, while under the influence of alcohol by 0.140% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Although there is a strict punishment against the defendant who has been punished three times due to the driving without a license for drinking alcohol on the same occasion by the defendant who has been sentenced three times due to the reason of sentencing under Article 62-2 of the Criminal Act, considering the fact that the defendant's mistake is recognized and reflects his/her mistake, the fact that the defendant has no criminal record exceeding the fine, the fact that the driver does not cause a traffic accident due to the driving of this case, the circumstances favorable to the occurrence of the traffic accident shall be considered, and the punishment of the defendant shall be determined