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

On June 7, 2017, the Defendant received a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court, and on September 14, 2018, the same court issued a summary order of KRW 2,00,000 as a fine for the same crime.

Criminal facts

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, once again, violated Article 44(1) of the same Act, driving a B-3 vehicle from September 22, 2018, in the same Eup/Myeon from September 22, 2018 to September 18, 2018, even though the validity of a driver’s license was suspended under the influence of alcohol concentration of approximately 0.077% from the 200 meters away from blood alcohol level to the 18th road of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. The alcohol appraisal report and the driver's license register of motor vehicles among blood;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before and after the disposition, and reporting on investigation (Attachment to a summary order);

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. Article 53 and Article 55(1)3 of the Criminal Act (the provision that the alcohol content in blood is not relatively high by 0.077%, the violation of the provision, and the provision that there is no previous conviction in excess of the fine);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The fact that two times before and after drinking alcohol driving, in particular, a relatively recent year 2017 and 2018 repeated driving of drinking in 2018: The fact that alcohol content in the blood is not relatively high by 0.07%, the fact that the person has no previous conviction in excess of a fine, the decision on the punishment and the fact that the person has no previous conviction in the same kind of punishment: Other consideration of the defendant's age, sex, environment, motive for committing the crime, the circumstances after committing the crime, etc.;