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 June 15, 2007, the Defendant was issued a summary order of KRW 2 million due to a violation of road traffic law (drinking driving) in support of the Sungnam branch of Suwon Friwon, and on September 5, 2008, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same offense, etc. in the same court on September 5, 2008. On September 29, 2014, the Defendant was issued a summary order of KRW 5 million for the same offense with a fine of KRW 5 million from the Jungnam branch of the Government District Court.

Criminal facts

around 14:00 on July 27, 2017, the Defendant driven a motor vehicle from approximately 30 meters away from the Cheongyang-si, Cheongyang-si, Cheongyang-si, 58% alcohol level without a driver’s license, to around 119, 119, and 30 meters away from the front side of the Cheongyang-si, Cheongyang-si, Cheongyang-si, Cheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of inquiry requests, investigation reports, and judgment-making statutes, such as criminal history;

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. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (the alcohol content in blood is not high by 0.058%, the reflective fact, and the driving distance is about 30 meters);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant: (b) his/her previous record of drinking alcohol driving; (c) five times his/her previous record of driving without a license; and (d) one time his/her previous record of suspended execution due to drinking and driving without a license.

However, the punishment shall be determined in consideration of the fact that alcohol concentration is not higher than 0.058% in blood, reflective points, and is over 30 meters in driving distance.