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 October 28, 2008, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law (drinking driving) in the Goyang Branch of the District Court on March 28, 2008, and a person who was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) in the Goyang Branch of the District Court on July 10, 2017.

Although the Defendant had been punished twice or more due to drinking driving, the Defendant driven BM vehicle under the influence of alcohol concentration of 0.095% without obtaining a driver’s license from around 30 meters in the section from February 8, 2018 on the roads in which the Dongdaemun-gu Identificationdong (hereinafter referred to as the Dongdaemun-gu Identitydong) around 23:30 on February 8, 2018 to the roads in which the former Goyang-dong identity was unknown, the Defendant driven BM vehicle under the influence of alcohol concentration of 0.095%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol, reporting on the situation of driving of alcohol, reporting on the situation of driving without a license, and driving license ledger;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (Attachment before drinking driving);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant again committed the instant crime even though he/she had been subject to two times of criminal punishment due to the violation of the Road Traffic Act; (b) the Defendant, in the circumstances surrounding which the Defendant was driving at the time of the instant crime, has no special circumstances to consider; and (c) the driving of drinking is likely to cause serious damage to another person’s life, body, or property as well as to himself/herself; and (d) the need for the corresponding punishment.

However, the defendant is not a party.