A defendant shall be punished by imprisonment with prison labor for not more than ten 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 February 24, 2007, the Defendant was sentenced to a fine of KRW 500,00,000 as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) in the same court on July 16, 2010, respectively. On December 10, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) at the same court on December 10, 2015.

The Defendant, as above, has violated the drinking prohibition provision two or more times, but, on March 11, 2017, operated BM (SM) 3 automobiles under the influence of alcohol concentration of about 0.134% without a driver’s license in the section of approximately 1.5 km from the front side of the Mag apartment apartment in the Agsan-si hot spring zone to the front side of the Magsan-ro 66 in the same city of iasan-ro from the day on which he had been under the influence of alcohol concentration of about 1.5 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and the text and output of the judgment;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act is to increase the possibility of traffic accidents, and thus, it is very dangerous crime that may cause unexpected behaviors to the life and family of others as well as the person in question. In order to prevent this, the defendant is bound to bear strict responsibility for the act related thereto, and the defendant has two times of a fine due to drinking driving and one time of a suspended sentence, as stated in the judgment.