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

【Criminal Records of Crimes】 On December 20, 2002, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating road traffic laws (drinking) in the Busan District Court’s Branch Branch on December 2002, 200, KRW 2.5 million as a fine for the same crime at the Cheongju District Court on November 5, 2003, KRW 2 million as a fine in the same court on March 26, 2010, and KRW 4 million as a fine for the same crime at the same court on March 21, 2016, respectively.

(2) On November 28, 2017, the Defendant: (a) driven a Cing MKS car under the influence of alcohol concentration of about 0.132% in the blood without a vehicle driver’s license in the section of approximately one kilometer from around the fourth complex of the Yancheon-gun, Jincheon-gun, Jincheon-do to the Korea Gas Safety Corporation located in the two sides of the Yandong-gun, Chungcheongnam-do; and (b) under the influence of alcohol level of about 0.132% in the blood alcohol level.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and driven a motor vehicle without a driver's license in the state of retoxication.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant had been punished several times due to drinking driving, but he/she again commits the same kind of crime.

However, the defendant committed the crime of this case.