A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On September 27, 2013, the Defendant was issued a summary order of KRW 1,00,000 for a fine of KRW 1,000 for a crime of violating the Road Traffic Act (drinking driving) in the support of the Sugwon method, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) on October 13, 2014, respectively.

[2] On February 21, 2016, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and driven BM7 car under the influence of alcohol level of about 0.149% without obtaining a driver’s license from around 20 meters from the 960-5m-dong, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City on February 21, 2016 to around 960-5, the Defendant driven BM7 car under the influence of alcohol level of the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver involved in the driving, the report on detection of the driver involved in the driving, and the driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s blood alcohol concentration at the time of the instant crime is 0.149%, the Defendant had been punished for the same kind of crime two times, and the Defendant again committed the instant crime since two years have not passed since he was punished for the second crime of drinking, etc.

However, there are favorable circumstances and Article 51 of the Criminal Code, such as the fact that the defendant recognized his mistake and reflects the defendant, and that the defendant has no criminal history exceeding the fine.