A defendant shall be punished by imprisonment 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

[criminal history] On October 10, 2010, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution due to a violation of road traffic law at the Jeju District Court, etc. On April 27, 2014, the Defendant was sentenced to a summary order of 5 million won of a fine by the same court as a crime of violation of road traffic law.

[2] The Defendant was punished twice or more due to the driving of alcohol as above, and was driven by B C Dokdo in the section of approximately 200 meters in front of the Jincheon-gun, Jincheon-gun, Jincheon-gun, in the state of being drunk with the alcohol content of 0.098% without the driver’s license on July 17, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Notification of the results of crackdown on the driving of drinking alcohol and a written statement of reasons for crackdown;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiries (A) and application of Acts and subordinate statutes, such as criminal history, etc. (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the same kind of crime even though he/she had been punished by a suspended sentence of two years and a fine of five million won in 2014 due to drinking driving, etc. in August 2010.

As above, the defendant who committed the same crime without being aware of the fact that he/she had already been placed on two occasions is in need of strict punishment.

However, the defendant's mistake has been divided.