A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 3, 2010, the Defendant issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on December 3, 2010, a summary order of KRW 2.5 million by the same court on May 17, 2012, a fine of KRW 2.5 million by the same crime, and a summary order of KRW 5 million by the same court on September 14, 2012, respectively. On October 4, 2013, the Defendant was sentenced to a suspended sentence of 8 months by the same court on August 4, 2013.

On October 14, 2015, at around 02:55, the Defendant driven a C-Ad-di vehicle with a blood alcohol concentration of at least 0.139% without a car driver’s license in the section of about 3km from the school street in Gangnam-gu Seoul Metropolitan Government Cheonggu to the road in front of 7.18, Gangnam-gu, Seoul.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Considering circumstances, such as the fact that it is in conflict with one another);

1. Probation and community service order under Article 62-2 of the Criminal Act;