A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 7, 2011, the Defendant violated the prohibition of drinking driving by receiving a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act, and on April 27, 2016, a summary order of KRW 2.5 million from the Suwon District Court to a fine of KRW 2.5 million due to a violation of the Road Traffic Act.

On August 5, 2018, the Defendant driven CMW car under the influence of alcohol concentration of 0.185% without obtaining a driver’s license from the 200-meter section from the 200-meter metropolitan parking lot of Yeongdeungpo-gu Seoul Metropolitan Government to the front road of the commercial building.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Records of judgment: Criminal history records, inquiry reports, investigation reports (report on the confirmation of the same kind of power), and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is one of the records of driving under the influence of alcohol more than twice, and the Defendant, whose driver’s license was revoked on April 12, 2016, without permission or driving under the influence of alcohol, and the nature of the crime is not less complicated, and the numerical value of blood alcohol concentration due to drinking of this case is higher.

In addition, even though the Defendant had been punished for a fine on three occasions due to drinking driving, etc., it is not possible to criticize the Defendant in that he/she was engaged in driving without being aware of the fact that he/she had been sentenced to a fine on one occasion due to driving without a license.

However, the defendant recognized the crime of this case and divided his mistake.