A defendant shall be punished by imprisonment for six 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 December 26, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking) at the Goyang Branch of the Jung-gu District Court on December 26, 2013, and a summary order of KRW 2 million for the same crime at the Seoul Southern District Court on December 1, 2016, and was punished twice or more for a crime of violating road traffic law (drinking).

On January 25, 2018, the Defendant driven BM car under the influence of alcohol content of 0.067% at a 0.067% while under the influence of alcohol in blood, without obtaining a driver’s license from around the 1km road located in the Dong-dong of the same city to the Happiness Center Intersection in 657 of the same Dong-dong 657.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking and notification on the results of regulating drinking driving;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

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 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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant again committed the instant crime even though he/she had been subject to two times of criminal punishment due to the violation of the Road Traffic Act; (b) the Defendant, in the circumstances surrounding which the Defendant was driving at the time of the instant crime, has no special circumstances to consider; and (c) the driving of drinking is likely to cause serious damage to another person’s life, body, or property as well as to himself/herself; and (d) the need for the corresponding punishment.

However, the defendant's recognition of the crime of this case is against the defendant, and it exceeds the fine.