A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 23, 2017, the Defendant driven a motor vehicle under the influence of alcohol content of 0.182% in blood. On October 27, 2017, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Traffic Act (driving) at the Incheon District Court on December 15, 2017, while driving a motor vehicle under the influence of alcohol content of 0.052% in blood.

On December 22, 2017, the Defendant, without a driver’s license, driven a D-cracked car in front of the Seoul Women’s Hospital located in the cafeteria-dong, while under the influence of alcohol with 0.166% of the alcohol content in blood, and even in front of the cafeteria-dong, the Defendant driven D-cracked car at the front of the Seoul Women’s Hospital located in the cafeteria-dong.

As a result, the Defendant, who has violated drinking two times or more, driven a motor vehicle while drunk, and driven a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References, references to summary information of the case, and application of the statutes governing the judgment;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures (the defendant recognized the crime of this case and there is no record of punishment exceeding the fine) and unfavorable circumstances (the defendant's blood alcohol concentration in his blood at the time of the crime of this case is very high, and the defendant cannot drive immediately after being punished for driving drinking twice, and the crime of this case is likely to be committed, and there is a high possibility of criticism by being aware that he is unable to drive immediately after being punished for driving drinking, and only two months and more from the time he is discovered due to drinking driving.