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.

On May 20, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court, and was sentenced to a fine of KRW 700,000 for the same crime at the Seoul Northern District Court on July 20, 2010, and was issued a summary order of KRW 5,00,000 as a fine at the Jungbu District Court on April 17, 2014.

On August 19, 2015, at around 01:11, the Defendant driven B SP vehicle under the influence of alcohol content of 0.171% while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters from the front of the parking lot near the Yongsan-gu Seoul Metropolitan Government, Dongdaemun-gu Seoul Metropolitan Government, to the 750-9 front road of the Yongsan-gu, Dongdaemun-gu, Seoul Metropolitan Government.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the previous rulings, etc.);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Automobiles are convenient means of transport, but since they are dangerous goods that can be prone with lethal weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions;

In particular, drinking driving may lead to a big accident, and in light of the risk, the necessity of strict punishment is high.