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 September 8, 2011, the Defendant, at the Seoul Southern District Court, sentenced a fine of 2 million won for a violation of the Road Traffic Act (drinking driving), and 1.5 million won for a violation of the Road Traffic Act (drinking driving) at the same court on April 25, 2017, respectively, violated Article 44(1) of the Road Traffic Act at least twice. However, on January 13, 2018, the Defendant, while under the influence of alcohol of 0.13% during blood alcohol concentration at around 04:01, under the influence of alcohol, driven a cruise car at approximately 26mp-ro 14mp-ro from the front of the luminous-ro 5-4 pairpp-ro to the front of the road without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking and measuring records of drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is the case where the defendant was sentenced to three times a fine due to drinking or non-licensed driving, and even though his license was revoked due to drinking driving, the crime is the case where he was driven in the state of drinking concentration of 0.133% a second blood alcohol level.

However, in consideration of the fact that the defendant has no record of punishment of imprisonment with labor or heavier punishment in the past, and that the defendant shows an attitude against the mistake, the punishment shall be determined as per the order.