A defendant shall be punished by imprisonment with prison labor for up to six months.

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 August 21, 2009, the Defendant was notified of a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Southern District Court's Southern District Court's branch on August 21, 2009, and was sentenced to a summary order of KRW 2.5 million for the same crime on November 18, 2013, and was sentenced to a summary order of KRW 2.5 million for the same crime on at least two occasions.

On October 16, 2016, at around 13:03, the Defendant driven B rocketing car under the influence of alcohol content of about 0.119% without a car driver’s license at a section of about 20 meters, where it is good for the Defendant to see that it overlaps in front of a tri-distance restaurant located in the Dongdong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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 sentence alternative imprisonment with prison labor (to be sentenced to imprisonment with prison labor instead of a fine in consideration of the fact that the criminal conviction against the defendant for drinking is four times, the blood alcohol concentration at the time of driving under the influence of alcohol in this case was relatively high, and the occurrence of a traffic accident is caused);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there is no criminal conviction or heavier than a suspended sentence of imprisonment, and the fact that a vehicle used to commit the instant crime is scrapped, etc.);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. Order to provide community service or attend lecture under Article 62-2 of the Criminal Act (order to provide community service or attend a compliance driving lecture in order to prevent recidivism of the accused and give the accused an opportunity to reflect his/her resistance);