A defendant shall be punished by imprisonment for not less than eight 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

On March 12, 2009, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act (driving on drinking), and a fine of KRW 4 million by the same court on November 30, 2010.

At around 23:33 on November 27, 2013, the Defendant, without obtaining a driver’s license, driven Bho-do under the influence of alcohol content of approximately 0.075% in a section of about 800 meters from the front of the “Sari-dong, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si, U.S. to the front road of the 6-gu, Seoyang-si, Seoyang-si, U.S., Seoyang-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Making a report on the control of drinking driving;

1. Details of disposition for cancellation of driver's license;

1. Details of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to the accused's legal statement, criminal history records, and investigation reports (report accompanied by a summary order of the same kind);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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 mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (The following circumstances among the reasons for sentencing shall be considered):

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are the records of the crime, which had already been punished four times during the last ten years prior to the occurrence of the crime in this case, and the defendant shows an urgent attitude in regulating traffic-related regulations that regulate drinking driving.