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

[criminal history] On December 29, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the Southern Branch of Gwangju District Court on December 29, 2014, and on July 14, 2016, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving).

[2] Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven a BM520 vehicle under the influence of alcohol concentration of about 0.163% in the section of approximately 100 meters from the mix of the mix of the mix of the mix of the mix of the mix of the mare in the south-Namnam-gun, Namnam-gun, Seoul, to the front side of the agricultural cooperative in the same marth section of about 23:30 meters without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the driver's license ledger, report on the circumstances of driving on a driving, and notification of the results of regulating drinking;

1. An explanatory note;

1. On-site photographs;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, a copy of an investigation report (Attachment of a summary order), and the application of two copies of a summary order;

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 to mitigate small amount;

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

1. The reason for sentencing Article 62-2 of the Criminal Act, even though the Defendant had been punished twice due to drinking driving, again committed the instant crime.

Considering the fact that the defendant repeats the driving of alcohol without any particular crime, and that the amount of alcohol concentration in the blood of the defendant at the time of the case is not low, the defendant should be punished strictly.

However, in the case of this case, the defendant would not drive drinking again against his mistake.

It shall be considered favorable to some of the accused, such as the fact that there is no record of punishment exceeding the fine.