A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

[criminal history] On September 4, 2012, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million for a crime of violation of road traffic law at the Seoul Southern District Court on September 4, 2012, and 1.5 million with a fine of KRW 1.5 million for the same crime in the Changwon District Court’s branch court on August 3, 2016.

[2] On October 2, 2016, the Defendant driven a B SP car under the influence of alcohol concentration of 0.091% while under the influence of alcohol, without obtaining a driver’s license from approximately 400 meters away from the front of the DCCB department store building to the front of the EF department store located in the same city, Pyeongtaek-gu in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1.Notification of the results of regulating driving of alcohol, the driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes (verification of the records of punishment for driving under drinking not less than twice);

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (no record of punishment for heavier than a suspended sentence) of the Act on Reduction of Small Quantity and Article 55 (1) 3 of the same Act is against the defendant;

to take into account the circumstances such as the point;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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