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 February 25, 2009, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on two or more occasions by being sentenced to a fine of one million won for a violation of road traffic law at the Seoul Central District Court on December 30, 2013, a fine of one million won at the same court on December 30, 2013, and a fine of six million won at the Seoul East East District Court on June 22, 2015, respectively.

On August 12, 2017, under the influence of alcohol level of 0.187% among blood transfusion around 06:20 on August 12, 2017, the Defendant driven a vehicle of approximately 1.2 km from around the 737 Liber hotel in Gangnam-gu, Seoul, to the front road of the 730-dong, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of records of measurement of drinking alcohol, results of crackdown on drinking driving, and statement of the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant again commits the instant crime even though he had the record of criminal punishment due to drinking driving three times, and that the blood alcohol concentration level at the time of drinking driving is high.

However, the above punishment shall be determined by comprehensively taking account of the following circumstances, such as the fact that the defendant is committing a crime and is against the defendant's age, sex, environment, background and result of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the records and arguments of this case.