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 November 3, 2010, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on November 3, 2010, and on July 13, 2015, the Defendant was issued a summary order of four million won for a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court Goyang Branch on July 13, 2015.

Criminal facts

On May 18, 2016, the Defendant, while under the influence of alcohol by 0.074% without a driver’s license on May 18, 2016, even though the Defendant violated the provision on the prohibition of drunk driving twice, operated a Cingcon-car at approximately 3km from the roads near the Yongsan-gu dialogue Station in Goyang-si to the nine-way road in the same Goyang-dong dialogue village.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, summary orders, application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. The reason for sentencing of Article 62-2 of the Criminal Act is the case where the defendant had been committed several times with the reason of sentencing, and in particular, recidivism is disadvantageous to the defendant even though he had a record of causing traffic accidents due to drinking or non-licenseing.

However, the execution of imprisonment is suspended in consideration of various sentencing conditions, such as the fact that the defendant reflects his depth, drinking volume, and the age, character and conduct, environment, etc. of the defendant, but community service and lecture attendance order shall be issued to prevent recidivism.