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 January 29, 2012, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine of KRW 6,00,000 as a crime of violating the Road Traffic Act; on February 6, 2014, the same court issued a summary order of KRW 1,50,000 as a same crime; on May 6, 2016, the Seoul Northern District Court issued a summary order of KRW 5,00,000 as a fine of KRW 5,00 for the same crime; and on February 9, 2017, the same court issued a summary order of KRW 3,00,00 as a crime of violating the Road Traffic Act (unlicensed Driving).

Although the Defendant had been punished three times due to drinking driving, on June 24, 2017, while under the influence of at least 02:58% of alcohol content in blood without a motor vehicle driver’s license, the Defendant driven C motor vehicles at the section of about 5km in the direction of approximately 0.08% of alcohol content in Seoul, Seongbuk-gu Yro 218, Seongbuk-gu, Seoul, the road front of the gas station.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Copy of the driver's license ledger;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the Defendant had been punished for a fine on three occasions due to drinking alcohol driving in the past and one time due to unlicensed driving, and again commits the instant crime, considering the circumstances unfavorable to the Defendant, such as the fact that the blood alcohol concentration at the time of the instant case is relatively high, and considering the fact that the Defendant recognized the instant criminal facts and distorted, and that there is a family member to support the Defendant, etc., a punishment should be determined by considering the favorable circumstances.