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

The Defendant was sentenced to a fine of KRW 5 million on March 8, 2010, a fine of KRW 5 million on April 14, 2014, a fine of KRW 5 million on April 201, and a fine of KRW 5 million on February 29, 2016, respectively, by the Jeonju District Court.

The Defendant, who was punished twice or more due to drinking driving, was under the influence of alcohol level of 0.320% in blood without a driver’s license, and driven B cargo at the 1km section from the front side of the Pyeong Sea and the front side of the new winding church in Kim Jong-si on November 20, 2017 to the front side of the Kim Jong-si, Kim Jong-si, who was under the influence of alcohol level of 0.320% in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Response to a request for appraisal;

1. The driver's license ledger;

1. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiry, including criminal history;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The observation of the protection of Article 62(1) of the Act on the Suspension of Execution of Sentence 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity, and the consideration of various circumstances, such as the Defendant’s age, occupation, living environment, and driving distance while under the influence of alcohol even though the Defendant had already been punished by a fine due to drinking, etc. on several occasions, even though he/she had already been sentenced to a punishment due to drinking, etc., and the reason for sentencing under Article 62-2 of the Act on the Suspension of Execution of Sentence 55(1)3 of the said Act;