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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 3, 2008, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine of KRW 2,00,000,000 as a crime of violation of the Road Traffic Act (driving) at the Seoul Central District Court, on December 22, 2009, a fine of KRW 3 million as a crime of violation of the Road Traffic Act (driving) and on January 10, 2014 from the Seoul East East District Court to a fine of KRW 9 million as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 19, 2015, at around 11:10, the Defendant driven Bsch Rexroth car under the influence of alcohol concentration of about 0.056% without obtaining a driver's license from the 7km section of Seongdong-gu Seoul to the 12:00 on the same day from the Posco street near Samsungdong-gu Seoul Metropolitan Government.

Accordingly, the Defendant, who was punished on more than two occasions due to drinking driving, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and the application of each summary order statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 2011);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;