A defendant shall be punished by imprisonment for one year.

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 11, 2016, the Defendant received a summary order of KRW 7 million from the Seoul Central District Court on December 31, 2015, which issued a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking), as well as a crime of violating the Road Traffic Act (drinking), at the Seoul Central District Court on December 31, 2015, and on October 2, 2013, the Seoul Central District Court issued a summary order of KRW 1.5 million, respectively.

Defendant is a person who has violated the duty not to drive alcohol twice or more as above, and around September 29, 2016, around 08:35, the Defendant driven C-A-A-A-car under the influence of alcohol for about 200 meters, without obtaining a driver’s license, from the front side of the D-A-A-A-car in Gangnam-gu Seoul, Gangnam-gu, Seoul to the front road of the movable property parking lot located in 17-2, Gangnam-gu, Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A correction certificate, notification of the results of crackdown on drinking driving, and statement of the situation of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of alternative imprisonment with prison labor (the Defendant was punished three times or more due to drinking driving in the past, and the previous offense of this case was committed without being concentrating on the person during the recent several years, and the previous offense was committed again, after the license was revoked due to driving under drinking in 2013, seems to continue to be under driving without obtaining a license until now, and the degree of alcohol concentration in blood is 0.164% and thus, the risk of accident was significantly high.