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

Punishment of the crime

[criminal history] On March 26, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on March 26, 2012. On February 3, 2016, the Defendant was issued a summary order of KRW 1 million for the same crime at the same court on February 3, 2016. On October 18, 2017, the Defendant was sentenced to two years for the suspension of the execution of imprisonment for the same crime in the same court on October 26, 2017 and became final and conclusive on October 26, 2017.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven a Cknife under the influence of alcohol with approximately 0.137% alcohol concentration in blood while under the influence of alcohol without obtaining a driver’s license from around 250 meters in front of the “niver roof of two iron bars in the Mag-dong of Sinsan-si, Sinsan-si” at around 03:31 of April 29, 2018 to the front of the “niver Do” road of about 250 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of the same kind of crime, etc.);

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 an alternative imprisonment with prison labor (with the history of punishment for three times due to drinking driving, in particular, considering that the person was sentenced to imprisonment with prison labor for eight months due to drinking driving on October 18, 2017, the person was under suspension of the execution of two years due to driving on drinking on October 18, 2017, and in addition, the person was under suspension of the execution of six months due to drinking or non-licensed driving, and that the person was highly in alcohol concentration

1. It is so decided as per Disposition on the grounds of above Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2001Da15488, Apr. 2, 201).