A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 10, 2014, the Defendant issued a summary order of a fine of KRW 2 million in the same court as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court on November 10, 2014, and on January 16, 2015, the Defendant issued a summary order of KRW 3 million for the same crime.

Although the Defendant had had a history of driving under the influence of alcohol twice as above, he again driven CM3 automobiles in the state of under the influence of 0.145% alcohol while under the influence of alcohol without obtaining a driver’s license from the front of the teaching life in Pyeongtaek-si, Pyeongtaek-si, around 00:50 on March 4, 2015, to the front of the carland in the same Dong from about 10 meters.

Accordingly, the Defendant, while driving a motor vehicle at least twice without obtaining a driver’s license, once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of the 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination on the application of sentencing guidelines for the reasons of sentencing under Article 62(1) of the Criminal Act in the suspended sentence: Consideration of all the circumstances, including the shorter distance of O driving and the detention for a considerable period of time;