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 September 28, 2012, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) at the Goyang Branch of the District Court (Seoul District Court) on September 28, 201, and a fine of KRW 5 million for the same crime at the same court on July 11, 2016.

On October 29, 2016, the Defendant driven a BMW 320d car under the influence of alcohol level of about 0.150% during blood alcohol level without obtaining a driver's license from the vice-general of public residence in Dong-gu, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, 201 to Goyang-si, 7-63 U.S. Do-dong, Dong-si, Mayang-si, to the 2nd roads of Goyang-si, Dong-si, Dong-si, 300-do.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of any violation of the Traffic Act on the road, report on the situation of the driving of a driver while in driving, report on the detection of the driver while in driving, report on the situation of the driver while in driving, report on the use of a measuring instrument for drinking, and register of

1. On-site photographs;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 defendant for the reason of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures has been punished twice for drinking driving, and the defendant again committed the instant crime even though his license was revoked.

However, there is no history of punishment exceeding a fine.

The punishment shall be determined as per the order by taking all other circumstances into consideration.