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 May 12, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on May 12, 2006. On March 13, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Busan Southern District Court’s Branch on March 13, 2009. On April 8, 2009, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 10, 2013.

Criminal facts

On September 12, 2015, at around 12:34, the Defendant driven a B Sti-type car with approximately 300 meters alcohol concentration 0.186% under the influence of alcohol without obtaining a driver’s license from the front of the restaurant in which the trade name of the coefficient is unknown at the time of the Gyeonggi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident reports, reports and circumstantial reports on detection of drinking drivers, site and vehicle photographs, license ledger, and mandatory insurance bureau;

1. Previous records: The application of criminal records, inquiry 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to the defendant, such as the fact that the defendant has three times of drinking driving skills and has one time of driving without a license, the fact that the drinking alcohol level was not lowered at the time of the instant case and caused traffic accidents: the defendant's mistake, the fact that there was no criminal record exceeding the fine, the defendant's family situation, and other factors for sentencing under Article 51 of the Criminal Act shall be taken into account.