A defendant shall be punished by imprisonment for not less than eight 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 July 13, 2016, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on July 13, 2016, a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the same court on June 28, 2013. However, on June 17, 2018, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the same court on June 25, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in driving, investigation report, inquiry into the results of crackdown on the driving of drinking, notification of the results of crackdown on the driving of drinking, and the register of driver's licenses;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (a criminal suspect's previous conviction and attachment of judgment) - Application of Acts and subordinate statutes, such as Chonju District Court Branch Decision 2016 Gool 2326;

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 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 fact that the Defendant again committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend was four times or more that the Defendant was punished by a fine due to driving under drinking, is disadvantageous circumstances, but it is more favorable that the Defendant’s mistake is divided and reflected.

The punishment shall be determined as ordered in consideration of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.