A defendant shall be punished by imprisonment for one year.

(2) shall suspend the execution of the above punishment for three years from the date of the conclusion of this judgment.

Punishment of the crime

[criminal power] On September 10, 2008, the Defendant received a summary order of KRW 2.5 million from the Seoul Western District Court to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and on February 24, 2011, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

On July 14, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court for a violation of the Road Traffic Act, and the said judgment became final and conclusive on July 22, 2016.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drunk driving, on June 7, 2016, at around 11:07, the Defendant driven a B rocketing car with the blood alcohol concentration of 0.227% under the influence of alcohol without obtaining a driver’s license from the 7km road from the Gidae-si, Gyeonggi-do (Seoul Metropolitan Government) to the 8-lane-dong, Gangseo-gu, Gangseo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. A driver's license inquiry;

1. Previous convictions stated in the judgment: A reply to criminal records, a criminal investigation report (the previous and the attached documents, the summary order of 2004 Highest 6699, the summary order of 2008 Highest 14125, the summary order of 2008 Highest 14125, the summary order of 201 Highest 603, the summary order of 2013 Highest 14182, the final order of 2013 Highest 14182, and the application of the statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. The scope of applicable sentences under the law: Imprisonment for one year or more.