A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 18, 2009, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) from the Sungnam branch of Suwon branch on May 18, 2009, and a summary order of KRW 5 million as a fine at the Seoul Central District Court on December 28, 2016.

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven a car with approximately KRW 5 km from the front of the cancer station in Seoul Cancer, to the front of the Guri-si, 1:39-4, while under the influence of alcohol with a blood alcohol concentration of 0.082% without a driver’s license on October 15, 2017, Defendant 2 driven a car with approximately KRW 5 km from the front of the cancer station in Seoul Cancerdong to the front of the Guri-si, 39-4, Gori-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Subparagraph 1 of Article 154 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

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;