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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 25, 2012, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of road traffic law in order to take a summary order on August 25, 2012, on August 16, 2013, and a fine of KRW 5 million for a violation of road traffic law and a violation of road traffic law (non-licenseless driving), respectively, at the Jung-gu District Court on June 26, 2015, and was punished for driving under drinking more than twice by a fine of KRW 10 million for a violation of road traffic law and a violation of road traffic law (non-licenseless driving).

Nevertheless, around 00:45 on May 14, 2017, the Defendant driven approximately two meters of 0.198 percent of alcohol in blood at the front of the E main shop located in Hawon-gun, Gangwon-do, while under the influence of alcohol at 0.198%.

Summary of Evidence

1. Statement by the defendant in court;

1. A second-time suspect examination protocol against the accused;

1. Notification of the results of regulating drinking driving;

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

1. Report on the circumstances of driving under the liquor:

1. 112 Reporting case handling table;

1. Investigation report (Investigation into telephone conversations between the reporting person and the other person);

1. Investigation report ( telephone conversations between E main and main users of telephone communications);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a summary order, and a text of the judgment four Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant’s crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is driving two meters under the alcohol concentration of 0.198% during blood.

The alcohol concentration in blood was very high, and the defendant has already been subject to criminal punishment due to three times or drinking driving.

One of them was sentenced to suspended execution, and recently sentenced to imprisonment with labor for one year in the first instance in 2015.