A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On July 27, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court; on June 22, 2009, a summary order of KRW 700,000 for the same crime at the Seoul Central District Court; on August 18, 2009, the same court issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (unlicensed Driving) at the same court; on February 6, 2014, the Defendant was sentenced to a fine of KRW 7 million for a crime of violation of the Road Traffic Act (Driving Driving).

【Criminal Facts】

On April 14, 2015, at around 23:55, the Defendant driven D QM5 car under the influence of alcohol content 0.116%, without obtaining a driver’s license, from around about 10km to the front road of the Incheon Water Cooperative, located at about 743 roads, as it was Dobong-gu, Incheon, Gyeyang-gu, Incheon, to April 15, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses and various electronic data printed;

1. Previous records of judgment: Application of criminal records, investigation reports, criminal records, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered to reflect in depth on criminal conduct);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;