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

On September 18, 2009, the Defendant received a summary order of a fine of one million won or more for a crime of violating the Road Traffic Act at the Cheongju District Court on September 18, 2009, and on March 2, 2017, the Defendant received a summary order of a fine of five million won or more for the same crime from the Youngju District Court Young-gu Branch on March 2, 2017.

On October 24, 2017, at around 21:00, the Defendant driven a ES6-car without the driver’s license, from around 7km section to around 0.152% alcohol concentration in blood, from the 7km section from the roads in front of a mutually influent restaurant located in the seat of the death of the Ganjin-gun, Chungcheongnam-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the roads in the same emhular intersection located in the same military.

Summary of Evidence

Before the Defendant’s legal statement, the Defendant’s report on driving under the influence of alcohol, the notice of his/her driving under the circumstances on driving under the influence of alcohol, the driver’s report, the driver’s license register, and the next investigation report (on the circumstances of his/her driver): (A) inquiry about the criminal history, such as a response to an inquiry; (1) Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the criminal facts subject to the applicable Acts and subordinate statutes; (2) Articles 152 subparag. 1 and 43 of the Road Traffic Act (on the part of his/her driving under the influence of alcohol); (3) Articles 52 subparag. 1 and 43 of the Road Traffic Act (on the part of his/her driver without a license) of the Criminal Act; (40); and (50) Articles 5(1)3 and 55(1)3 of the Act, the Defendant’s health and the following circumstances at the time of the crime; (3) the Defendant’s age and the following circumstances;

The circumstances at a disadvantage: The defendant has a record of being fined four times due to drinking driving, and the defendant was punished by a fine on March 2017 but has reached a short-term recidivism: The defendant's mistake is divided into his/her own mistake and reflects his/her behavior.