A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[criminal record] On March 30, 2012, the Defendant was issued a summary order that imposes a fine of five million won due to a violation of road traffic law (drinking driving) at the Seoul Central District Court on March 30, 2012, and on May 18, 2015, the Defendant was issued a summary order that imposes a fine of four million won due to a violation of road traffic law (drinking driving) in the same court.

[2] On January 7, 2016, the Defendant was under the influence of alcohol level of 0.176% during blood transfusion at around 14:09, and without a driver’s license, driven a Fchier car at the 1km section of approximately 1km from the front side of the Seoul Samsungdong-dong, Gangnam-gu to the front road of 685-26, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving, and output;

1. Vehicles, photographs, etc.;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of the same 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 (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of alcohol and a heavier punishment);

1. Selection of a sentence of alternative imprisonment (with regard to the fact that two times of fine due to drinking driving, even though they had the record of fine due to drinking driving, they again drive the instant drinking without a license within a short time, and that the blood alcohol concentration exceeds 0.1%, as stated in its holding);

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;