A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On February 15, 2012, the Defendant issued a summary order of a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on February 15, 2012, and a fine of KRW 2 million for the same crime in the same court on November 30, 2015, and was sentenced to a suspended sentence of one year for the same crime in the same court on November 9, 2017.

On October 17, 2018, at around 06:19, the Defendant driven a DB car from around 200 meters away from the front road of the Nowon-gu Seoul Special Metropolitan City to the front road of the C building in the same city under the influence of alcohol of 0.062% without a driver’s license.

As a result, the defendant has driven a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking drivers, the circumstantial statements of drinking drivers, and the circumstantial reports of drinking drivers;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of inquiries, such as criminal records, and criminal investigation reports (report on review of applicable laws, etc.);

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. The Defendant appears to have led to the confession and reflect of each of the crimes in this case, the circumstances that may be taken into account in light of the background leading up to driving, the blood alcohol concentration is very high to 0.062%, and the driving distance is not much than 200 meters, etc. are actively considered in favor of the Defendant.

However, in the case of drinking driving, a serious punishment is required as a crime that may infringe on the lives and bodies of many citizens who use roads as well as drivers, and the defendant has a number of criminal records of the same kind.