A defendant shall be punished by imprisonment 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

On February 26, 2007, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking), etc. at the Busan District Court Branch on February 11, 201, a fine of four million won due to a violation of the Road Traffic Act (drinking), and a crime of violating the Road Traffic Act at the Suwon District Court on February 11, 201, and on October 11, 2012, the Defendant was sentenced to a suspended sentence of ten-year imprisonment with labor for a violation of the Road Traffic Act (drinking) at the Seoul Western District Court on October 201.

On October 28, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle on the road near the 12-7-dong, Dongjak-gu, Seoul, Seoul, with a alcohol concentration of 0.142% under the influence of alcohol during blood, driven a Blearning motor vehicle at one meter.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. A report on actual condition of traffic accidents;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of driving under influence of alcohol);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (i.e., the fact that any error is pened and any person drives a short distance for parking after using his/her agency driving, etc.);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. It is so decided as per Disposition on the grounds of protection observation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act or more;