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

On October 1, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on October 1, 2009, and was sentenced to a fine of two million won in the same court on October 21, 2015, and was sentenced to a fine of two million won or more for the same crime at the same court.

On August 3, 2017, at around 22:15, the Defendant driven B-low-income car under the influence of alcohol content 0.117% without a driver’s license in the section of approximately 300 meters from the tri-ro of the Samyang market in Gangnam-gu Seoul, Seoul to the tri-ro of the same 300 meters old-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Results of crackdown on driving under drinking;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

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;

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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to attend a community service order has been served four times as a drinking driver for the reason of sentencing under Article 62-2 of the Criminal Act and six times as long as he/she had been punished for driving without a license, again leading to the instant crime; there is no criminal punishment exceeding the fine; the fact that he/she raises his/her offspring, and