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 October 16, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the Suwon Flag Flag method Board, and on April 1, 2016, the Seoul Central District Court issued a summary order of KRW 2 million as a fine for the same crime.

On January 4, 2018, the Defendant driven Cbenz automobiles with approximately 100 meters alcohol concentration of 0.066% in blood without a driver’s license from the front of the trade influorial fluoral fluoral fluor, Seocheon-si, Seocheon-si to the front road of the Seoul Women’s Hospital located in the same Dong to the Seoul Women’s Hospital.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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 drinking alcohol, statement of the situation of the driver of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the previous rulings);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. are against the Defendant’s wrongness. The motive and background of the instant crime, the degree of alcohol content (0.066%), the content and frequency of the same criminal records, circumstances after the instant crime, and other conditions of sentencing indicated in the instant trial, such as the Defendant’s age, sex behavior, family relationship, and economic circumstances.