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

On May 12, 2015, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (drinking driving), etc. at the Seoul Central District Court, and on June 25, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Northern District Court.

On December 26, 2015, at around 14:53, the Defendant driven a BMF car under the influence of alcohol content of 0.080% while under the influence of alcohol without a driver’s license, from the following roads of the APM building located in the New-dong, Jung-gu Seoul Metropolitan Government to the roads of approximately 2km in the Seongdong-gu, Seongdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of a driver driving a drinking, the record of a drinking measuring instrument, the notification of the results of the crackdown on the driving of drinking, and the details of crackdown;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;