A defendant shall be punished by imprisonment for one year.

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 August 8, 2006, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 5 million due to a violation of road traffic laws (drinking driving), and on April 22, 2015, a summary order of KRW 4 million from the Incheon District Court to a fine of KRW 1 million due to a violation of road traffic laws (drinking driving).

On January 17, 2016, around 04:55, the Defendant driven a B car with alcohol content of about 500 meters from the front of the modern department store to the 311st road of the same Gu road, which is located in Seocheon-si, Seocheon-si, Seocheon-gu, Seocheon-si, Seoul, to the same Gu road, while under the influence of alcohol content of 0.122% without a driver’s license.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, but once again driven the motor vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a written statement of the situation of the driver;

1. The driver's license ledger;

1. Application of statutes on site photographs;

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

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

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

1. The crime of this case was committed again on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Order to Attend, and Article 62-2(1) of the Act on the Punishment, etc. of Specific Economic Crimes (the confession, reflectivity, and the distance of driving does not run so) and unfavorable circumstances (the two times due to drinking, and four times due to non-licenseless driving). In particular, the crime of this case was committed again on April 1, 2015, under a summary order of KRW 4 million on or around April 22, 2015, which was issued a fine of KRW 6 months, and around October 27, 2015, which was issued a summary order of KRW 2 million on or around November 17, 2015, and around March 17, 2015.