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 April 27, 2009, the Defendant was notified of a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Incheon District Court’s Busan District Court’s Branch on April 27, 2009. On December 16, 2016, the Defendant requested formal trial after being notified of a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) and was sentenced to a fine of KRW 4 million at the same court on February 15, 2017.

The Defendant is a person who has violated the duty of prohibition of driving alcohol twice or more as above. On January 15, 2017, around 03:51, the Defendant driven a B-hand car with alcohol concentration of 0.132% while under the influence of alcohol without obtaining a driver’s license from around 56 days to the same 31st road of the Jongno-gu Seoul Metropolitan Government Seongbuk C-ro, Jongno-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, notification of the results of crackdown on driving under drinking, and statement of the circumstances of the driver under driving under drinking;

1. Report on the circumstances of driving without a license, and inquiry letter of driver's license;

1. Previous convictions in judgment: Reporting a reply to inquiries, such as criminal history, a report on the result of confirmation of the previous convictions and dispositions, and applying statutes to the search and copy of the trial (ex officio evidence list Nos. 1 and 2) of the Konet case in Incheon District Court Decision 2017 and the Conet case No. 4 cases;

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 of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative imprisonment with prison labor (based on the circumstances, such as the fact that the defendant was already punished for driving alcohol twice again, and again commits the instant crime on December 2016, that the defendant was notified of a summary order due to driving under drinking alcohol and again driving under drinking again on the only one month, and that the amount of alcohol concentration during the blood transfusion at the time of detection is not lowered, etc.);

1. Reduction of a small amount;