A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal power] On September 2, 2014, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Jeonju District Court on September 2, 201, and a fine of one million won for a violation of the Road Traffic Act at the Jeonju District Court on January 16, 2014.

【Criminal Facts】

On September 9, 2015, around 04:40 on September 9, 2015, the Defendant driven BhoxG car in the state of alcohol with the blood alcohol concentration of at least 0.155% without a vehicle driver’s license at the three-meter section of the road in front of the drinking road located at the Hongsan-gu, Hongsan-gu, Seoul Metropolitan City.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, appearance, uniforms, language, attitude, and the ledger of usage of a drinking measuring instrument;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crime);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Apr. 1, 201

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;