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

The Defendant, at the Seoul Central District Court on August 19, 2009, received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on September 17, 2009, received a summary order of KRW 3 million for the same crime from the same court on September 17, 2009, and received a summary order of KRW 5 million for the same crime from the Incheon District Court on April 13, 2017, and received a summary order of KRW 5 million for the same crime on at least two occasions.

On December 24, 2017, around 14:34, the Defendant driven B rocketing car with a alcohol content of 0.141% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from around 2km section of approximately 2km from the south-gu Incheon Metropolitan City, to the front road of the Switzerland “Switzerland”, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. A written inquiry into driver's license (investigative records, 26 pages);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (reports on the previous convictions in the same offense), copy of summary order, and four copies of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had already been subject to three times criminal punishment due to drinking, but was under the influence of alcohol without a driver’s license.

In the light of the fact that the blood alcohol concentration level at the time of detection was not light and the distance of driving was not short, it seems that it caused considerable danger to road traffic at the time of detection.

In addition, since the crime of drinking driving is a high risk of causing harm to the life, body, and property of another person, it is necessary to punish it strictly.

However, the defendant has previously committed the same offense.