A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 7, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on October 28, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

Although the Defendant had been under the influence of twice or more due to the violation of the Road Traffic Act (drinking driving), on March 28, 2016, around 00:01, the Defendant driven a BEE car under the influence of alcohol concentration of 0.097% during blood transfusion without the driver’s license, with approximately 300 meters from the roads near the alley of the fri-dong in Kimpo-dong, Kimpo-si, Kimpo-si to the front road of the bus stop located in the same fri-distance.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on drinking driving, and a report on the circumstances of the driver under driving under drinking;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the person who has been punished twice by a fine due to drinking), and application of summary order 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to reduce weight (the fact that the commission of a crime and the mistake reflects the depth of the commission of a crime, the fact that it does not allow a driver to resume after scrapping of a vehicle in this court, and the fact that there is no criminal record other than the previous conviction in the judgment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions in favor of the above shall be repeatedly considered);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;