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 November 13, 2007, the Defendant was sentenced to a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Seoul Central District Court, and on April 22, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 million for October due to a crime of violating the Road Traffic Act at the Seoul Western District Court. On March 12, 2015, the Defendant was sentenced to a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Seoul Central District Court.

피고인은 다시 2016. 5. 12. 01:40 경 서울 송파구 오금 로 11길 21 앞 도로에서부터 같은 구 오금 로 11길 23-19에 있는 첼로 호텔 주차장에 이르기까지 약 100m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.194% 의 술에 취한 상태로 C 아반 떼 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of the driver at the driving school, the report on the circumstances of the driver at the driving school, and the output of the measurement of drinking;

1. Previous convictions: References to inquiries, application of investigation reports (cases related to drinking driving)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (driving of Drinking), Article 152 subparagraph 1, and Article 43 (Unlicensed Driving) of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant has already been punished for drinking more than one time, and in particular, it is doubtful that the police officer who was trying to take a drinking test from the driving of the vehicle while taking a drinking test has been sentenced to a suspended sentence of imprisonment in 2009, even if he/she was sentenced to a suspended sentence of drinking in 209, the driving of drinking again, the very high drinking value, and the occurrence of traffic accidents.

However, he/she does not drive under the influence of alcohol again.

In addition, it has been divided in depth, and it has been punished including the fact of obstructing the execution of official duties, and the age of the defendant.