A defendant shall be punished by imprisonment with prison labor for up to six 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 September 21, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the District Court of Jung-gu District on September 21, 2012, and a fine of KRW 5 million for the same crime at the same court on November 16, 2015.

On December 12, 2015, the Defendant driven a BNcoo-coo vehicle in the four kilometers section before the roads in front of the Gyeonggi-do Yang-si Seoul Metropolitan City “Seoul Metropolitan Area Three Complex for the Young-gu, Chungcheongnam-gu, Seoul Metropolitan Government,” without a driver’s license, while under the influence of alcohol content of 0.074% in blood during the blood without a driver’s license.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to each of the instant crimes even when the Defendant was punished for driving alcohol and driving without a license on several occasions, which led to the same kind of crime: The Defendant’s mistake is divided and reflected; the Defendant has no record of punishment exceeding a fine; the Defendant’s degree of alcohol alcohol content in blood, the age, sex, environment, circumstances before and after the commission of the crime, etc.; and the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the pleadings, such as the number of blood alcohol content in blood, the Defendant’s age, sexual behavior, the background of the crime