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 December 11, 2012, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 1,500,000 due to a crime of violating the Road Traffic Act, and a summary order of KRW 3,50,000 due to a crime of violating the Road Traffic Act at the Changwon District Court on January 9, 2017.

On June 17, 2018, the Defendant violated the provision prohibiting driving under the influence of alcohol two or more times, and the Defendant’s “0.183%” in the indictment for 0.138% of alcohol content in the blood without obtaining a driver’s license from the front side of the Daegu Suwon-gu, Daegu-gu, Daegu-do, to the school-free distance in the same Gu, 3km section from June 17, 2018, is apparent that the Defendant is a clerical error. Since such clerical error is not likely to substantially disadvantage the Defendant’s exercise of his/her defense, the Defendant’s correction without following the amendment of an indictment.

A PP car was driven while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and of each summary order;

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. In light of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation; (b) the fact that the accused has been subject to two times the same crime [the crime of violating the Road Traffic Act (fluence)]; (c) the Defendant’s blood alcohol concentration is high; (d) the Defendant reflects the Defendant; (c) the Defendant has no criminal record exceeding the fine; and (d) the Defendant has no criminal record; and (e) the Defendant’s age, sex behavior, environment, motive and circumstances after the crime, etc.