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 December 30, 2009, the Defendant issued a summary order of KRW 2 million to the Seoul Northern District Court for a crime of violating the Road Traffic Act (drinking driving), the summary order of KRW 3.5 million to the same court on January 8, 2013, and the summary order of KRW 8 million to the same court on December 7, 2016 as a crime of violating the Road Traffic Act (drinking driving), and the summary order of KRW 8 million to the same court on December 7, 2016, respectively.

On November 28, 2017, at around 05:56, the Defendant driven a Bsch Rexn vehicle under the influence of alcohol content of about 100 meters from the road located in Dobong-gu Seoul Metropolitan Government, Dobong-gu to the 639 Dobong-ro, Dobong-gu, Dobong-gu, Seoul, while under the influence of alcohol content of about 0.163% without a driver’s license.

Accordingly, the Defendant, who violated the prohibition clause on drinking at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to a copy 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;

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. Taking into account the fact that an order to attend a lecture or an order to provide community service has been served several times of punishment due to drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again leads to the instant crime, there is no criminal punishment exceeding a fine, and the fact that it is against the law