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

[criminal history] On September 4, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on April 2, 2018, a summary order of KRW 1,500,000 for a fine for the same crime in the Sungnam Support of Suwon Friwon, which was issued by each of the above crimes.

[2] On July 14, 2018, the Defendant driven CMW car under the influence of alcohol content of about 0.142% in blood without a driver’s license from about 1km section to the front road of 1km-dong, Seoul, the Mabro-dong, regardless of whether it is located in the Songpa-gu Seoul, Songpa-gu Seoul Metropolitan Government (Seoul), to the Mabro-dong in the same Gu-dong-dong.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the circumstances of driving at home;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions: Application of a written inquiry and a summary order under two Acts and subordinate statutes, such as criminal history;

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 alternative imprisonment with prison labor (or, considering unfavorable circumstances, such as that the defendant has been punished for the same kind of crime several times);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount (a favorable circumstance, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;