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 December 12, 2008, the Defendant was issued a summary order of KRW 2,50,000 by the Seoul Eastern District Court on the grounds of a violation of the Road Traffic Act (driving under the influence of alcohol), and on July 20, 2017, a fine of KRW 3 million was issued by the Cheongju District Court on the grounds of a violation of the Road Traffic Act (driving under the influence of alcohol). The Defendant violated the provisions of “Prohibition of Driving under the influence of alcohol” on at least two occasions.

On August 17, 2018, at around 02:14, the Defendant driven a DNA-free car that was not covered by mandatory insurance without a vehicle driver's license, while under the influence of alcohol leveling 0.078%, from the roads near C, the petition site located in B, Cheongju-si, to the roads near a considerable range of 94 square meters in front of the Cheongju-si, Cheongju-si, to the roads near a considerable distance of 0.078% in front of the Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Ethical letters;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous records: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant had been punished several times due to drinking driving in the past, etc., again committed the instant crime.

Even according to the defendant's statement (17 pages of investigation records), the amount per year shall be above the status of the defendant's driver's license revoked.