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 history] The Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on June 20, 2016. On September 12, 2017, the same court received a summary order of KRW 3 million for the same crime.

[2] On October 29, 2017, the Defendant driven a Bsp motor vehicle under the influence of alcohol concentration of about 0.129% during the blood during a period of suspension of the validity of a driver’s license from around 400 meters to around the second road near the Seo-gu, Busan Metropolitan City, Seo-gu, Seoul Metropolitan City, to the end of the “Feng Sea State” in front of the said Bsp motor vehicle in order to ensure that the Defendant driven the Bsp motor vehicle under the influence of alcohol concentration of about 0.129% during the period of suspension of the validity of the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate 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. 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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, was driving the third drinking alcohol from 2016 to the instant crime, and was driving without obtaining a license at once.

The interval of each period of crime is considerably short.

However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.

In addition, the punishment shall be determined as ordered in consideration of the motive of the crime, the distance of the vehicle, the circumstances after the crime, and all the sentencing conditions identified in the records and the trial process of this case.