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

On February 15, 2008, the Defendant was issued a fine of 500,000 won for a crime of violating the Road Traffic Act at the Daejeon District Court on February 15, 2008, and on October 31, 2014, the Daejeon District Court issued a fine of 1.5 million won for a crime of violating the Road Traffic Act.

Although the Defendant had a record of violating the prohibition of drinking driving regulations at least twice, on July 10, 2017, the Defendant driven a DM6 car under the influence of alcohol concentration of 0.11% while under the influence of alcohol leveling 0.11% without a driver’s license on the C cafeteria located in Daejeon Dong-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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 ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Road Traffic Act due to a more severe drinking driving);

1. Selection of imprisonment with prison labor chosen;

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. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;