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

[2] On May 14, 2004, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving alcohol) at the Suwon Franchi, and was sentenced to a fine of KRW 4 million for the same crime in the same court on September 24, 2004. On April 22, 2010, the Defendant was sentenced to a fine of KRW 2 million for the same crime from the Daejeon District Court’s Support for the Daejeon District Court. On April 4, 2012, the Defendant was sentenced to a fine of KRW 4 million for the same crime. On April 9, 2015, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (unlicensed Driving) from the Daegu District Court’s Support for Kimcheon-gu District Court on April 9, 2015.

[ 범죄사실] 피고인은 2016. 4. 17. 17:30 경 자동차 운전면허 없이 공주시 신관동에 있는 상호 미상의 식당에서부터 같은 시 계룡면 상 성리에 있는 ‘ 준 켄넬 애견센터’ 앞 도로까지 약 20km 구간을 혈 중 알콜 농도 0.139%에 이를 정도로 술에 취한 상태로 C 스타 렉스 승합차량을 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of regulating drinking driving, the details of enforcement, the report processing case list 112, and the driver's license register;

1. Suppression photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of previous history), and application of each written judgment to statutes;

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. 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. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are that the accused is a majority of his/her previous convictions without a license and sentence of imprisonment.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

This is the defendant's age, sex, family environment, frequency and frequency of driving without a license for drinking and without a license, alcohol concentration in blood, circumstances of the crime, and circumstances after the crime.