A defendant shall be punished by imprisonment for 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

The Defendant, at the Seoul East District Court on July 11, 2014, issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and on January 16, 2015, issued a summary order of KRW 2 million for the same crime at the same court on the same day, and was issued two times the record of drinking driving.

On March 21, 2015, the Defendant, without obtaining a driver’s license at around 03:10 on March 21, 2015, driven Bsch Rexroth car at a section of about 50 meters up to 184 meters prior to Yongsan-gu, Seoul, Yongsan-gu, Seoul, a restaurant with a blood alcohol concentration of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification reports on the records of sound driving), and application of each summary order statutes;

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

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

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant was punished by a fine due to drunk driving, but he again driven under the influence of drinking without a license.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant's mistake is recognized and divided, that there is no record of punishment heavier than the fine, the drinking value of the case and other various circumstances that are conditions for sentencing, such as the age, character and conduct of the defendant, and environment.