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 February 16, 2012, the Defendant was sentenced to a fine of KRW 10 million for a violation of road traffic laws at the Jung-gu District Court on February 16, 201, and a fine of KRW 5 million for a violation of road traffic laws at the Jung-gu District Court on December 8, 2014.

[Criminal facts] On January 4, 2016, the Defendant driven a B horse with alcohol level of 0.110% while under the influence of alcohol level of 0.110%, without obtaining a driver’s license, from approximately 200 meters in a section of approximately 200 meters from the front of the alley-si, Yacheon-si, Yacheon-si, Yacheon-si to the road in front of the alley-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Records of judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment of data on driving alcohol);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. An order to attend a course under Article 62-2 of the Criminal Act;