A defendant shall be punished by imprisonment for 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 April 10, 2014, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on April 10, 201, and was sentenced to a fine of two million won for the same crime at the Incheon District Court on September 10, 2015.

1. On September 27, 2015, the Defendant: (a) driven BMW motor vehicle under the influence of alcohol content of about 0.119% at the section of approximately 1.8km from the 1306-6, Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, to the roads near 1717-17 front roads; and (b) around September 27, 2015.

Accordingly, the Defendant, like the above criminal records, was punished for a violation of road traffic law (drinking driving) more than twice, but driven a motor vehicle under the influence of alcohol.

2. The Defendant, who violated the Road Traffic Act (unlicensed driving), driven the motor vehicle as above, even though the validity of the driver’s license was suspended at the time and place specified in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Photographs of the skin;

1. A criminal investigation report (a detailed statement on the management of a mobile survey report and a primary survey report);

1. Previous convictions: Application of inquiry reports and investigation reports (report on Violation of the Road Traffic Act) including criminal history, etc.;

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. Selection of a sentence of alternative imprisonment with prison labor (the defendant is taking a heavy charge of a crime by driving several times within a short period of time);

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

1. Article 62 (1) of the Criminal Act (including the fact that his/her mistake is divided, there is no previous conviction or more than a suspended sentence, and the fact that social benefits, such as family, occupation, etc., are obvious);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;