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 1, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on February 1, 2008, and a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on January 15, 2016.

On July 5, 2017, the Defendant driven a vehicle B with alcohol content of about 0.077% while under the influence of alcohol without a vehicle driver’s license at a section of about 500 meters in front of the road 212 re-concepted by the same Sigri-si Do Tri-si Ga, one of the 23:10 square meters in front of the road at approximately 500 meters in circulation.

As a result, the defendant has violated the prohibition on drinking at least twice, but has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order under Article 62-2 of the Criminal Act;