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

[criminal history] On February 25, 2013, the Defendant received a fine of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and a fine of KRW 2 million as a same crime in the same court on November 17, 2015, respectively.

[ 범죄사실] 피고인은 2015. 12. 18. 22:35 경 안산시 단원 구 중앙대로 462 안 산역 앞 도로부터 같은 구 부부로 43 외국인 주민센터 앞 도로에 이르기까지 약 400m 구간에서 자동차 운전면허의 효력이 정지된 상태에서 혈 중 알코올 농도 0.108% 의 술에 취한 상태로 B 포 르 테쿱 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver of the vehicle and the driver's license register (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s blood alcohol concentration exceeded 0.1% (0.108%) at the time of the instant crime, and the Defendant was punished for the same kind of crime several times, and the Defendant committed the instant crime again only once a month in which he/she was punished for driving alcohol.

However, in consideration of favorable circumstances, such as the fact that the defendant recognized his mistake and against himself, and the fact that the defendant has yet to be young, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, the same sentence as the order shall be determined.