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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 24, 2010, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul Northern District Court, and on May 17, 2018, issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

1. Around 23:00 on September 26, 2018, the Defendant driven a D-hurd-hurd-hurged vehicle while under the influence of alcohol 0.189% in a section of approximately three meters of blood alcohol level at C in the southyang-si City.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol, even though he had a history of violating the prohibition of drunk driving more than twice.

2. Violation of the Road Traffic Act (unlicensed Driving) the Defendant driven a D-to-purd vehicle without obtaining a driver’s license at the time and place specified in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on the actual state of the driver;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Report on the situation of operation without a license;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant repeatedly driven a drinking alcohol even though he/she was fined twice due to drinking alcohol driving.

At the time, blood alcohol concentration is also high.

Even if a driver was driven to drive a mobile vehicle like the defendant's assertion, the risk of drinking.