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 June 3, 2014, the Defendant received a summary order of KRW 4 million from the Suwon District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving of Drinking), and on April 13, 2015, the Defendant received a summary order of KRW 5,00,000 due to a violation of the Road Traffic Act (driving of Drinking) from the Suwon District Court’s Pyeongtaek District Court.

Although the Defendant had twice the power of driving under the influence of alcohol as above, on December 31, 2015, he once again driven a B B B typ car while under the influence of alcohol content 0.188% while under the influence of alcohol while driving a motor vehicle by driving approximately 5 meters at the front of the 44 Scar in the special zone of Pyeongtaek-si and Seo-dong, Pyeongtaek-si, Seoul, about 17:50 on December 31, 2015.

Accordingly, the Defendant, without obtaining a driver’s license, driven a motor vehicle at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of related persons;

1. A report on the actual condition of traffic accidents and a report on the occurrence thereof;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Each photograph;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (verification of records of driving under drinking not less than twice after June 1, 2006);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., circumstances leading to the crime, place of driving, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (a serious reflector and a clear social relation);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, community service and lecture attendance order, and Article 62-2 of the Act on the Protection, etc. - Circumstances and circumstances after the crime, and other circumstances such as the age, sexual conduct, intelligence and environment of the accused.