A defendant shall be punished by imprisonment for not less than eight 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 December 20, 2013, the Defendant received a summary order of KRW 5 million as a fine of KRW 5 million due to a violation of road traffic law (drinking), and a fine of KRW 3 million due to a violation of road traffic law at the Seoul Eastern District Court on October 7, 2016, and a violation of road traffic law (licensed driving).

On October 18, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle around 02:40 on a day before the Sungdong-dong mayor of Gangdong-gu Seoul Metropolitan Government, driven a B low-speed car with a alcohol content of about 700 meters from around 14:47 to the road before the 14:47-ro, Gangdong-gu Seoul Metropolitan Government, while under the influence of alcohol content of 0.188%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

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

1. An explanatory note;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes of the inquiry letter;

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2), and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;