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 September 6, 2016, the Defendant received a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court on September 6, 2016, and a fine of KRW 7 million as a crime of violating the Road Traffic Act (dacting driving) at the Seoul Central District Court on August 20, 2010.

Although the Defendant had been punished for driving under drinking more than twice as above, at around 04:15 on September 8, 2018, the Defendant driven Cho-low-scale car under the influence of alcohol content of about 0.199% without a driver’s license at the section of approximately 400 meters in front of the Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of alcohol, the statement of the circumstances of the driver under driving of alcohol, investigation report (report on the situation of the driver under driving of alcohol), the situation report on the driver under driving of alcohol, the circumstantial report on the driver without a license; and

1. Previous convictions: Inquiry into criminal history, reporting on investigation (verification of the criminal records of the suspect), and application of each summary order statutes;

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 (The following extenuating circumstances shall be considered among the reasons for sentencing).

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

1. In light of the fact that the Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act on community service and lecture attendance order committed the instant crime of drinking and driving without a license even though he had been punished several times for the same offense, and that the amount of alcohol content among the instant blood transfusion reaches 0.199%, the Defendant’s responsibility is not weak.

However, the defendant reflects the defendant's wrong, the motive and circumstances of the crime of this case, the contents and degree of the records of the same crime, the circumstances after the crime, and other age, sex, family relationship, and economy.