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

[criminal history] On July 12, 2007, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 700,000 as a crime of violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, on July 9, 2012, a fine of KRW 3 million as a crime of violation of road traffic law (drinking), and on July 14, 2015, the same court was sentenced to a fine of KRW 7 million by the same court, respectively.

[Criminal facts] On September 13, 2015, the Defendant operated a CKaren B-owned car with approximately 700 meters alcohol concentration 0.188% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the front side of the lux road in Gangnam-si, Chungcheongnam-si, and the front side of the Gangseo-ro 109, Gangnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

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 mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To take into account the fact that there is a history of serving a community service or an order to attend a lecture that has been punished several times due to driving of drinking for the reason of sentencing under Article 62-2(1) of the Criminal Act, and the degree of driving is high but there is no record of serving a sentence;