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 July 22, 2011, the Defendant issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on April 6, 2016, the above court issued a summary order of KRW 5 million for the same crime, etc.

On January 30, 2017, at around 00:30, the Defendant driven a C-e-mail vehicle with a alcohol content of about 300 meters from the front of the Seongbuk-gu Seo-gu Seoul Metropolitan Government’s “Seodong,” to the front of the same restaurant located in the same Gu’s merchant’s Dong, without a driver’s license, while under the influence of alcohol content of at least 0.139% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 19) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 quantities (in addition to the repetition of the crimes of the same kind, the risk of repeating the crimes, and the occurrence of an accident);

Considering the fact that the drinking volume exceeds 0.139%, the fact that there is no record of punishment heavier than that of the suspension of execution due to the same kind of crime, or that there are various circumstances, such as the background of the crime and the degree of reflectivity, etc. shown in the records and arguments.

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Article 62-2 of the Criminal Act on the observation of protection;