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

On July 22, 2013, the Defendant received a summary order of a fine of four million won for a violation of the Road Traffic Act from a Suwon District Court’s Eunpyeong site, and a summary order of a fine of four million won for the same crime in the same court on October 20, 2015, respectively.

Although the Defendant had been punished for drunk driving two times, on October 9, 2016, the Defendant once again driven a C Car with a blood alcohol concentration of at least 0.080% while under the influence of alcohol without obtaining a driver’s license in approximately two kilometers from the front day of the Gyeonggi-si B in the event of Gyeonggi-do, to the front day of the 868 E-Masung 31 Movement Memorial Hall at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning 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. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;