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

1. On December 17, 2007, the Defendant issued a summary order of KRW 4 million to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the District Court of the Jung-gu District Court on the same day, on September 2, 2010, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the same court on September 2, 201, and on December 6, 2016, a summary order of KRW 5 million was issued by the same court as the same crime.

On June 28, 2017, at around 08:17, the Defendant driven Brane XG car at approximately 0.108% alcohol concentration in blood on the section of about 10 Km from the front of the office of the Dongwon-gun, Gangwon-gu, Gangwon-do, Seoul, to the front road of the Ganwon-gun, Gangwon-do, Gangwon-do, a 133-ro, Gangwon-do, while under the influence of alcohol with approximately 0.108% in alcohol concentration in blood.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking more than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a B-G car without a driver’s license at the places as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 community service order under Article 62-2 of the Criminal Act;