A defendant shall be punished by imprisonment for not more than ten 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

On October 31, 2003, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On May 11, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On August 27, 2014, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act from the Jungyang Branch Branch of the Jung-gu District Court.

On July 21, 2015, around 00:12, the Defendant driven B bentts with alcohol concentration of 0.106% under the influence of alcohol level 0.106%, without obtaining a driver’s license in front of the low-speed middle school located in 1192, 1192, Goyang-si, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the results of the control of drinking driving, the circumstantial report on drinking drivers, and the register of driver's licenses;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has already been punished three times or for drinking driving, and further, on May 8, 2014, the driver's license was revoked for one year in the state where the driver's license was revoked, and the defendant needs to make a strict punishment corresponding thereto.

However, the punishment shall be determined to suspend the execution of the above imprisonment without sentence only once in consideration of the fact that the defendant has recognized his mistake, that there is no record of punishment heavier than the fine, and that there is a family member to support, etc., and the punishment shall be determined to prevent recidivism.