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

【The Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on December 13, 2010. On July 21, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act.

[Criminal Facts]

1. Nevertheless, at around 01:06 on December 21, 2017, the Defendant driven a car with two low alcohol level of 0.062% in the 4km section from the front of the new road of Yeongdeungpo-gu Seoul Metropolitan Government to the front of the Dong-dong elementary school located in the 23-lane 4m high-speed road of the same Gu-ro.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (Non-licensed driving) driving of the vehicle B in the above time and place without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. The driver's license ledger;

1. Notification of the results of regulating driving of drinking alcohol and investigation report (the application of the aforementioned dmark formula);

1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (verification of the same type of punishment);

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 Criminal Act is that there are three times of driving alcohol including the previous conviction in the judgment of the defendant, the alcohol concentration level during blood transfusion, the background of driving alcohol, the age, sex, environment, etc. of the defendant.