A defendant shall be punished by imprisonment for one year.

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 June 11, 2015, the Defendant was issued a summary order of KRW 7 million by the Incheon District Court due to a crime of violation of the Road Traffic Act (driving) and a summary order of KRW 4 million on January 17, 2014 with the same crime, etc. from the Busan District Court’s subsidiary branch.

1. On June 13, 2015, the Defendant driven B-low-income cars under the influence of alcohol with approximately 0.078% of alcohol in the 13km section in Seoul Yeongdeungpo-gu, from the roads near Gangnam Station located in Gangnam-gu, Seoul to the Olympic Games located in Yeongdeungpo-gu, Seoul (point 150m prior to the Gimpo-gu, Gimpo-gu, Gimpo-gu) without obtaining a driving license, around 05:43, June 13, 2015.

2. On June 30, 2015, the Defendant driven the said car under the influence of alcohol of about 4.5 meters from the section of around 4.5 meters alcohol concentration to the road located in the front of the Red Han National University located in Yeongdeungpo-gu Seoul Metropolitan Government without obtaining a driving license, at around 05:4, on June 30, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Control note and drinking water;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of investigation reports (suspects' non-licenses and records of drinking punishment)-related Acts and subordinate statutes;

1. Article 152 subparagraph 1 of Article 152, Articles 43, 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture is that the criminal liability is heavy in light of the fact that the defendant committed each of the crimes in this case even though he had been punished twice from 2014 to the crime of drunk driving, even though he had the record of two times of punishment for the crime of drunk driving. However, the defendant was punished in excess of the fine.