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 August 17, 2009, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on May 3, 201, KRW 4 million as a fine at the Seoul Southern District Court on May 3, 2010, and KRW 7 million as a fine at the Seoul Central District Court on April 26, 2016.

On December 1, 2016, the Defendant driven DN driver’s car at a section of about 300 meters from Seoul, Gangnam-gu to 145, as Seoul, while under the influence of alcohol content of 0.174% without a driver’s license, at around 23:10, the Defendant driven DN driver’s car at a section of about 300 meters from Seoul, Gangnam-gu to the 145 front road.

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle without a driver's license at least twice, and drives a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. The driver's license ledger;

1. Previous convictions: Investigative inquiries about criminal history and application of Acts and subordinate statutes of investigation report (limited to a summary order before driving alcohol);

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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the punishment of a fine until now, considering the fact that the defendant has no criminal history heavier than that of a fine imposed);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;