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

On December 6, 2007, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the Suwon District Court on the grounds of a violation of the Road Traffic Act, etc., and on May 4, 2015, the Defendant was issued a summary order of five million won by the same court as a crime of violating the Road Traffic Act.

On December 2, 2015, the Defendant driven a BF vehicle under the influence of alcohol content of 0.056% in the blood while under the influence of alcohol without obtaining a driver’s license from around 5km to the front road of the galung-Eup 1-gil 3 “Tho-si Master” in the vicinity of the galung-si apartment (Seoul High-si), Pyeongtaek-si apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of criminal history inquiries and investigation reports (reports on previous convictions of the disposition and results thereof, and the same type of previous convictions);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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. A statutory punishment shall be reduced or exempted and its execution shall be postponed, taking into consideration the following circumstances: (a) protection and observation; (b) the value of alcohol concentration during the period of sentencing under Article 62-2 of the Criminal Act; and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders; (c) the background leading to the crime; (d) the attitude leading to the crime; and (e) the circumstances after the crime; and (e) the defendant’

It is so decided as per Disposition for the above reasons.