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

On February 4, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on February 4, 2013, and a fine of five million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on April 26, 2013, respectively.

On August 1, 2013, the Defendant was under the influence of alcohol with 0.110% of blood alcohol concentration without obtaining a driver’s license on August 1, 2013, and was driving C Costaex vehicle at approximately 8km from the roads front of the transformation station located in 188, Young-gu, Seoyang-gu, Seoyang-gu, Seoul on the same day on the roads front of the transformation station where the trade name in the Eunpyeong-gu, Seoul is unknown.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Details of driver's license revocation;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;