A defendant shall be punished by imprisonment for not less than one year and six months.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 24, 2016, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) in the Chuncheon District Court's original branch on August 24, 2016, and a summary order of KRW 5,00,000 as a fine in the same court on December 9, 2016.

On December 29, 2017, at around 08:15, the Defendant driven BMF car from around 150 meters to around 165, as it was under the influence of alcohol content of 0.160% during blood without a driver’s license, from before “Jel” located at 79, Jela Park at the city of nuclear power, to the 165th day of nuclear power.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, report of the situation of the main driver, report of the situation of the main driver, report of the detection of the main driver and report of the driver's license register;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes (netly 14);

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There is a high risk of recidivism, such as the observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act, two times after August 2016, or the record of criminal punishment due to drinking driving, etc.

Among the crimes of this case, it caused a lot of inconvenience to citizens by driving the vehicle on the road, and the drinking value is high so that the drinking value is also important.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.