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

The Defendant, at the Seoul Southern District Court on August 22, 2013, issued a summary order of a fine of two million won or more due to a violation of road traffic law at the Seoul Southern District Court, and on December 16, 2015, issued a summary order of a fine of four million won or more due to the same crime from the Yeongdeungpo Branch of the Daegu District Court on December 16, 2015.

On June 15, 2017, around 20:42, the Defendant driven a B Lone Star Co., Ltd without a driver’s license, while under the influence of alcohol content of approximately 0.057% from the 1.2km section to the 0.057% of alcohol content in the middle-distance road located in the same Eup/Myeon.

Summary of Evidence

Before the Defendant’s legal statement, the Defendant’s report on driving under the influence of alcohol, the notice of his driving under the influence of alcohol, the vehicle driver’s circumstantial report, the vehicle driver’s license register, and the next investigation report (on the circumstances of his driver): (A) inquiry about the criminal history, etc.; (1) Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning the criminal facts subject to the applicable Acts and subordinate statutes; (2) Articles 152 subparag. 1 and 43 of the Road Traffic Act; (3) Articles 40 and 50 of the same Act concerning the ordinary concurrent crimes; (40) Articles 50 and 50 of the Criminal Act regarding the provision of selective imprisonment for the sentence of Article 62(1)3 of the Act on the Suspension of Execution of the Criminal Procedure; (3) protection and observation of Article 62(1) of the Social Service Order and the following circumstances; and (4) the Defendant’s motive and degree of punishment after the crime, as well as the following circumstances.

D. Unfavorable circumstances: The defendant's mistake is recognized and against the fact that he/she is under the influence of alcohol, even though he/she had been subject to a fine four times due to driving of alcohol without a license and has been subject to a fine one time due to driving without a license, and thus the crime is not good.