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

1. On April 13, 2015, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on April 13, 2015, and was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on February 4, 2016.

On March 21, 2016, at around 07:35, the Defendant driven a B food car under the influence of alcohol level of about 0.067% without obtaining a driver's license on the section of about 10km in Seoul, the outer circular Highway located in the Nowon-gu Incheon Metropolitan City, Incheon, to around 07:55 on the same day.

As a result, the Defendant violated the Article 44 (1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol at least twice, and drives a motor vehicle without obtaining a driver's license in violation of this again.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a B food car.

On March 21, 2016, at around 07:55, the Defendant driven the said car under the influence of 0.081% of blood alcohol concentration without obtaining a driver’s license, and led the Defendant to drive the said car at approximately 50-60 km from the right intersection to the right intersection of Seoul, Nowon-gu, Incheon, at a point of 7.6 km in Nowon-gu.

At the time, the D golf car driven by the victim C(the age of 32) on the two lanes adjacent to the defendant's driving direction, and the above, the FF Ⅱ is driving by the victim E(the age of 62). In such a case, there was a duty of care to ensure that a person engaged in driving a motor vehicle is not driving a motor vehicle, but driving the motor vehicle safely without driving it.

Nevertheless, the defendant was negligent in driving while under the influence of alcohol.