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 September 7, 2010, the Defendant received a summary order of KRW 700,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 100,000 as a crime of violating the Road Traffic Act (driving of Drinking), and on September 30, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving of Drinking) from the Vice Branch of the Incheon District Court.

[ 범죄사실] 피고인은 음주 운전 금지 규정을 2회 이상 위반한 사람으로서 2016. 12. 22. 21:20 경 김포시 중봉 1로 77에 있는 ‘ 쭈꾸미 일 번지’ 식당 주차장에서부터 김포시 북변동에 있는 상호 불상의 노래방에 이르기까지 약 300 미터 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.114% 의 술에 취한 상태로 C 봉고Ⅲ 화물 차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

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

1. On September 30, 2016, the reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend lectures, under the circumstances that the Defendant committed the instant crime, as long as long as it was sentenced to a fine due to drinking driving on September 30, 2016, taking into account the favorable circumstances, such as the fact that the Defendant’s mistake is against himself/herself, and that there was no record of punishment more than a fine than a fine, etc., and determine the sentence as per Disposition