A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On January 4, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Seoul Western District Court, and a summary order of KRW 4 million for a crime of violation of road traffic law at the Seoul Central District Court on September 3, 2015.

[2] On May 26, 2017, around 04:46, the Defendant driven a JM7 vehicle under the influence of alcohol level 0.133% while under the influence of alcohol level 0.13%, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

A disadvantageous condition: A person who again commits the instant crime even though he/she had a history of criminal punishment once due to a drinking without a license twice or once due to a driving without a license, and the drinking value of the instant case is relatively high.

(k) A favorable normal situation: The fact that the driver was discovered while driving directly to a dispute with the substitute driver after having arrived at the office by using the substitute driver, the defendant recognized his mistake, and there is no record of criminal punishment exceeding the fine due to the same kind of crime.