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 May 17, 2017, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on March 17, 2014, the Defendant was issued a summary order of KRW 3 million for the same crime at the Seoul Western District Court.

On August 14, 2017, at around 21:20, the Defendant driven a B-tem motor vehicle under the influence of alcohol content of 0.149% in blood while under the influence of alcohol without obtaining a driver’s license from the front side of the French-si, Seocheon-si, Gyeonggi-do to the front side of the same 300-lane 245,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each 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. 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 been punished twice due to drinking alcohol driving in the past, and again commits the crime of this case, considering the circumstances that are disadvantageous to the defendant, such as the fact that the amount of alcohol concentration during blood at the time of this case is very high. The defendant recognized the crime of this case and reflects the fact of this case, the defendant did not have any history of punishment exceeding the past fine, and there are family members to support the defendant.