The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On August 17, 2016, the Defendant was charged with summary charges due to a violation of the Road Traffic Act (drinking driving), etc. in the Daejeon District Court’s Incheon District Court’s branch on August 17, 2016, and on November 5, 2015, the said court issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving).

Criminal facts

Although the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, on August 26, 2016, the Defendant again driven a C C C C C C C C C T TW TWn in a drunken state of alcohol alcohol content of at least 0.123%, without a driver’s license, from the 5km section from the Jindo Village Apartment apartment parking lot located in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul to the front day of the restaurant called “phishing,” located in the same Gu valleydong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is in charge of driving, the ledger of using the measuring instruments for drinking, and the ledger of driver's licenses;

1. References to inquiries, such as criminal history, report on the result of confirmation on the disposition unwritten (attached to indictment) shall apply to the 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 reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation and community service order, community service order, and order to attend lecture, and the crime of drinking again under the influence of alcohol was committed not less than twice in spite of a person committing the crime of drinking again, and the degree of alcohol in blood at the time was considerable; the risk of the crime of this case, the same criminal records, the recognition of the crime, and the reflects on the risk of the crime of this case; the detention of the defendant has no record of criminal punishment more than a suspended sentence; the detention of the defendant seems to entail excessive difficulty for his family members; there is clear social relation; and the defendant's age, sex, environment, and the circumstances of the crime.