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

[2] On August 14, 2003, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 1 million for the same crime in the same court on March 10, 2004, a fine of KRW 3 million for the same crime in the same court on August 10, 2012, and a fine of KRW 5 million for the same crime in the same court on April 4, 2017.

[2] On May 26, 2017, the Defendant driving a D two-wheeled D two-wheeled vehicle under the influence of alcohol content of about 0.117% in blood alcohol level, without a valid driver’s license to drive a vehicle at approximately 200 meters in the vicinity of the same Geumdo-ro 244-ro, Geumdo-ro, Geumdo-ro, 244, from around the place of food at the Geumdo-ro, Geumdo-dong, Geumdo-dong, Geumdo-dong, Geumdo-dong, Seoul, Seoul, to the point of food at the same time.

As a result, the defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) and was driving a motor vehicle again under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and notification of the results of regulating drinking;

1. The driver's license ledger;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, summary order, and application of the text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 of the Road Traffic Act (non-licensed driving) of the same Act;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant was sentenced to a fine of KRW 5 million on April 4, 2017, in particular, on the drinking and driving without a license for driving under the influence of alcohol.