A defendant shall be punished by imprisonment for six 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 July 13, 2017, the Defendant was issued a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on July 13, 2017, and a summary order of five million won for the same crime at the same court on October 18, 2017, respectively.

피고인은 2017. 11. 26. 04:30 경 자동차 운전면허 없이 혈 중 알코올 농도 0.109% 의 술에 취한 상태로, 서울 노원구 상계동 소재 노원 역 부근에서부터 서울 노원구 상계로 26 길에 있는 팰리스 호텔 앞 도로에 이르기까지 약 1km 의 거리를 피고인 소유의 B BMW 차량을 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and a report on the detection of the driver in charge;

1. The driver's license ledger, etc.;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each 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 under Article 62-2 of the Social Service Order Criminal Act, even though the Defendant had been punished twice by a fine due to drinking driving in 2017, and again committed the instant crime, considering the circumstances unfavorable to the Defendant, such as the fact that the blood alcohol concentration was very high at the time of the instant crime, the occurrence of traffic accidents, and the fact that the Defendant recognized the instant criminal facts, and that the Defendant reflects the mistake, and that the Defendant did not have any special criminal records other than the punishment for a fine imposed twice due to drinking driving.