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

[criminal history] On March 25, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a crime of violating the Road Traffic Act (driving in drinking), and a summary order of KRW 4 million by the same court on March 16, 2015, respectively for the same crime.

[2] On September 23, 2016, under the influence of alcohol level of 00:39% in blood, the Defendant driven a C Trate car at approximately 10 meters from the 10-meter section before the front of the 2nd apartment house of Jeonju-gu, Seoul, Seoul, without a driver’s license, on the front of the 87th half-gu, Seojinjin-gu, Seoul, Seoul, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report (Violation of Road Traffic Act);

1. Notification of the results of regulating the driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol, and a statement of control details;

1. Reports on internal investigation: The details of voluntary accompanying;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. 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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Grounds for protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the defendant: The degree of principal practice (0.156% of alcohol level in blood) and repeats the same kind of crime within a short period of time; - The circumstances favorable to the defendant: serious reflectivity, absence of any criminal record of suspended execution or more; - The comprehensive requirements for sentencing under Article 51 of the Criminal Act;