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 March 12, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the District Court, and on September 7, 2012, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court on September 7, 2012.

On September 16, 2014, the Defendant, at around 21:30, was driving a B-low vehicle under the influence of alcohol level 0.10% while under the influence of alcohol level 0.10%, without obtaining a driver’s license in a section of about 200 meters from the road where it is impossible to know whether it is located in the sub-Dongdong-gu, Seosan-si, Sin-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, inquiry into driver's license, and inquiry into the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been sentenced to a fine of three million won on September 8, 2003, a fine of three million won on February 13, 2004 due to a drunk driving, etc. on February 13, 2004, a fine of one million won on March 12, 2009, and a fine of four million won due to a drunk driving on September 7, 2012. In addition, the Defendant again had the record of being sentenced to a fine of four million won on September 7, 2012.

However, the defendant reflects his fault.