A defendant shall be punished by imprisonment for nine 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 July 10, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the Seoul Western District Court, and on October 4, 2014, the Defendant received a summary order of KRW 2 million as a fine for the same crime at the same court.

On April 21, 2016, at around 22:47, the Defendant driven Bone Star Cargo under the influence of alcohol concentration of 0.167% without obtaining a driver’s license from the front side of the World Cup apartment shop located in Seodaemun-gu Seoul, Seoul, to the search 294 in Eunpyeong-gu, Seoul, to the front side of the 119 Safety Center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The ledger of response to requests for appraisal, driver's license;

1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;

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 which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture has already been punished three times due to drinking driving, but again, the driving of this case under the influence of a driver without a license. The corresponding strict punishment is required.

However, the above punishment shall be determined in consideration of the fact that the defendant repents his mistake, there is no more severe punishment than a fine, and the previous two drinking driving power has relatively passed.