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

1. The Defendant, at the Seoul Western District Court on June 25, 2015, has three previous criminal records, including a fine of one million won for a violation of road traffic laws (drinking driving), a fine of two million won for the same crime at the Seoul Western District Court on January 18, 2017, and a fine of ten million won for the same crime at the Seoul Western District Court on June 28, 2017, and a summary order issued at the Seoul Western District Court on June 28, 2017.

2. Although the Defendant violated the provision on the prohibition of driving under the influence of alcohol twice or more, on July 9, 2017, at around 06:50 on July 9, 2017, the Defendant driving a motor vehicle of ebbs without a driver’s license in the state of alcohol content of about 10 meters in the front of Jongno-gu Seoul Metropolitan Government D, and again, while under the influence of alcohol content of 0.223% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the circumstances of a driver who is placed in driving, notification of the results of crackdown on drinking driving, investigation report (report on the situation of the driver who is placed in driving in driving), and control report;

1. License register and next inquiry;

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation report (No. 9) and application of each summary order (no. 10 times a net time);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances such as the fact that the defendant has been punished three times or more for driving alcohol again even though he has already been punished for driving alcohol, that two of the previous years of driving alcohol was generated in 2017, and that the degree of alcohol concentration in the blood is very high at the time of detection);

1. Articles 53 and 55(1)3 of the Criminal Act for the mitigation of small amount of punishment (the fact that the defendant recognizes all criminal facts and reflects the criminal facts, there is no record of punishment heavier than the fine prior to the instant case, and the distance of driving under the influence of alcohol is relatively relatively.