A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 23, 2013, the Defendant received a summary order of KRW 1,50,000 from the Seoul Northern District Court to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 4,50,000 for a fine of KRW 1,50,00 for a crime of violating the Road Traffic Act at the Jung-gu District Court on September 10, 201

The Defendant, while under the influence of alcohol on August 11, 2013 and August 12, 2015, was driving a motor vehicle under the influence of alcohol and violated Article 44(1) of the Road Traffic Act at least twice. On March 13, 2016, the Defendant, without obtaining a driver’s license in the section of about 1 km from the front of a mutual influent restaurant located in the new city at the Government-si around 01:35 on March 13, 2016 to the front of the same city line 143: (a) drive a D-learning motor vehicle under the influence of alcohol concentration of 0.091% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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 an alternative imprisonment with prison labor (with the previous record of punishment for driving under drinking, taking into account the drinking of this case and driving without obtaining a license, etc., even though the previous record was twice);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201; Supreme Court Decision 2009Da1489

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. An order to attend a course under Article 62-2 of the Criminal Act;