A defendant shall be punished by imprisonment for not less than eight 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 January 9, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on August 27, 2014, the same court received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).

Although the Defendant had been punished twice due to drunk driving, on June 24, 2016, at around 22:55, the Defendant driven a B-tem motor vehicle under the influence of alcohol concentration of 0.110% without obtaining a driver’s license from a part of approximately 500 meters away from a part of the Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government office to the front road of about 24 minutes, G-temp vehicle under the influence of alcohol content without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, a drinking control certificate, and the register of driver's licenses;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although Article 62-2 of the Criminal Act provides that the defendant's liability is not somewhat weak in running under drinking without a license even though he/she had the record of punishing drinking driving twice the reasons for sentencing, considering the fact that the defendant does not have a previous record in addition to the punishment of the above two fines, and other circumstances, such as the defendant's age, environment, circumstances of driving, driving distance, etc.