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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.
Reasons
Punishment of the crime
On November 29, 2013, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law (drinking driving) at the Seoul Western District Court on November 29, 2013, and a fine of two million won for the same crime at the Seoul Northern District Court on July 7, 2016, and was sentenced to two times more for the same crime.
On August 13, 2017, the Defendant, while under the influence of alcohol at around 00:30, without obtaining a driver's license in the state of under the influence of 0.129% in alcohol during blood, driven a 1km DoW car from the neighboring road of Eunpyeong-gu Seoul Metropolitan Guro-gu to the front road of the Gu in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. The driver's license ledger;
1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;
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. Reasons for sentencing under Article 62-2 of the Criminal Act - The fact that the instant crime was committed again even though there was a history of being punished four times due to drinking driving, and that there is no history of being sentenced to criminal punishment exceeding a fine.