A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 12, 2007, the Defendant received a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) from a Suwon District Court or a member of the Suwon District Court, and on July 7, 2014, the same court issued a summary order of KRW 5 million as a fine for the same crime.

Although the Defendant had had a history of driving under the influence of alcohol twice as above, on July 3, 2016, at around 04:06, the Defendant driven a B-man car without obtaining a driver’s license under the influence of alcohol level of approximately 0.171 percent from the three minutes from the road located in Pyeongtaek-si and Seog-dong at the same time to the road located in the Dongsan-dong at the same time.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;