A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 24, 2007, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of road traffic law (drinking driving) in the early branch of the Chuncheon District Court on August 24, 2007. On February 12, 2014, the Defendant was sentenced to a fine of KRW 2 million due to the same crime, etc. in the same court, and five times of punishment due to a violation of road traffic law (drinking driving).

Although the Defendant had been punished for drinking more than twice as above, on November 15, 2016, the Defendant driven C Daelim Pool at approximately 30 meters of alcohol level while under the influence of alcohol leveling 0.110% without obtaining a bicycle license from the front side of the village entrance located under the Ordinance of the Ministry of the Jinsung-gun of Jinsung-gun, Gangwon-gun, which was under the jurisdiction of the same Eup to the front side of the national highway No. 46 in the same Eup Ordinance of the Ministry of the Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Photographss by cutting off on-site photographs and black stuffs images;

1. Previous convictions in judgment: Inquiries about criminal history (A) and application of Acts and subordinate statutes for investigation reports (verification of driving skills under drinking);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of violating the Traffic Act of a road with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. According to Article 62(1) of the Criminal Act of the suspended sentence, the sentence shall be determined as ordered in consideration of the following conditions of sentencing, including the Defendant’s age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime.

There are many kinds of records that defendants have been punished for the same crime.

The driving distance and time are not long.

The possibility of recidivism is low after the defendant's report on the discontinuance of the use of Otoba, and the possibility of recidivism is determined to be low.