A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 25, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Gyeyang Branch of Suwon District Court on September 25, 2009, the summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on March 7, 2013, and the summary order of KRW 7 million for a violation of the Road Traffic Act at the Suwon District Court on April 1, 2015, and the summary order of KRW 7 million for a violation of the Road Traffic Act was issued at least twice.

On October 19, 2015, at around 23:35, the Defendant driven a motor vehicle under the influence of alcohol 0.088% of alcohol while under the influence of alcohol without obtaining a driver’s license from the front of the non-economic region in Eunpyeong-gu Seoul Metropolitan Government to the front road of the 1.2km-dong in Eunpyeong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power of a suspect);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of 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 for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of serving several times for drunk driving, once again drives under the influence of alcohol in the state of non-license, and the defendant's liability for the crime is not weak in light of the blood alcohol concentration of the defendant at the time of committing the crime in this case

On the other hand, the circumstances should be considered, such as that the defendant reflects his depth and has no record of punishment heavier than that of a fine.