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

The Defendant, at the Seoul Central District Court on April 27, 2005, issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act; on September 14, 2009, the Seoul Western District Court issued a summary order of KRW 2 million for the same crime; on February 1, 2013, the summary order of KRW 2 million was issued for the same crime at the Seoul Western District Court; on June 23, 2015, the Seoul Western District Court issued a summary order of KRW 5 million for the same crime.

On December 22, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle on around 23:52, run the CMF7 motor vehicle in the section of about 70 meters from the front of the building in the 0.119% alcohol concentration in the blood, to the front of the building in the direction of Eunpyeong-gu Seoul Metropolitan Eunpyeong-dong, to the front of the 12-gil 27 street circulation.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving of alcohol, the statement of the situation of the driver under driving, and the register of driver's licenses;

1. Records of judgment: Application of inquiry letter, such as criminal history, and of each summary order text;

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. 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 reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures have already been punished for driving under drinking more than four times as indicated in the record of the crime in the judgment of the Defendant, and further, the Defendant was under the influence of drinking on May 26, 2015, and was under the control of driving without a license on September 7, 2015, and again carried out driving under the influence of drinking and driving without a license again.