A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

On October 2, 2013, the Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act at the Busan District Court, on August 29, 2016, to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Changwon District Court on August 29, 2016, and on July 6, 2017, the Defendant was sentenced to a suspended sentence of two years for a year.

On January 14, 2018, at around 04:00, the Defendant driven a vehicle C in a 2km section from approximately 2km to the road located in 294-7, Kimhae-si, Kimhae-si, Kimhae-si, while under the influence of alcohol by 0.109% in alcohol level during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of drinking records not less than twice);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) include: (a) the Defendant’s mistake in depth and reflects the motive and circumstance leading to the instant crime; and (b) there are some other circumstances to consider the motive and circumstance leading to the instant crime; (c) the instant crime means and result; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; (e) the Defendant’s sexual behavior; (e) intelligence and the environment; and (e) various conditions of sentencing as shown in the pleadings, such as records and arguments.