A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 18, 2014, the Defendant was issued a summary order of KRW 3,50,000 by the Seoul Central District Court for a violation of road traffic laws (drinking driving), and on February 5, 2016, the Defendant was issued a summary order of KRW 3,00,00 as a crime of violating road traffic laws (drinking driving) with respect to the criminal facts of driving under the influence of alcohol on December 23, 2015.

On January 27, 2016, at around 00:29, the Defendant driven a B-hurd vehicle under the influence of alcohol concentration of approximately 0.082% from the 15km section of the apartment to the front road of the apartment complex at approximately 15km-dong, Gangseo-gu, Seoul, without a driver's license (the period of suspension from January 2, 2016 to April 10, 2016).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving and written confirmation for regulating drinking;

1. Registers of driver's licenses and details of suspension of driver's licenses;

1. The application of Acts and subordinate statutes to inquiries, such as criminal history, (A), investigation report (a) and copies of summary orders, etc.);

1. A driver's license under Article 148-2 (1) 1 or 44 (1) of the Road Traffic Act for a crime: Article 152 subparagraph 1 or 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who violates the Road Traffic Act due to a driving of alcohol under a heavier judgment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant had been punished for the same kind of offense, but it is not good to commit the crime in light of the fact that the defendant had been punished for the same offense.

However, the defendant does not commit any further crime against his or her behavior.

The sentencing conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant has been sentenced, the fact that there is no record of punishment exceeding the fine, and the circumstances favorable to the defendant, such as the age, sex, and environment of the defendant.