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 January 29, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court, KRW 3 million for a crime of violating the Road Traffic Act, and KRW 3 million for a crime of violating the Road Traffic Act at the Jeonju District Court on December 12, 2013, respectively. On April 21, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act at the Jeonju District Court on April 21, 2015.

Although the Defendant was punished twice or more for the crime of violating the Road Traffic Act (drinking) as above, on February 2, 2017, the Defendant driven Cpool car under the influence of alcohol concentration of about 0.077% without obtaining a driver’s license in the section of about 20 meters from the front of a studio in the west-gu, Nowon-gu, Seoul Special Metropolitan City to the front road of real estate, which is located in about 4-2m of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and an investigation report (applicable to the same type of force and the confirmation of recidivism);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. In light of the following circumstances: (a) the observation of the protection of Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity under Article 55(1)3 of the Act on the Suspension of Execution; and (b) the imposition of the community service order and Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the community service order and the order to attend a lecture; and (c) the instant drinking driving was conducted by the Defendant on three occasions due to drinking; and (d) the instant drinking was sentenced on April 21, 2015 by the previous case of drinking driving, even if the Defendant was sentenced to the protective observation, and was subject to the disposition on April 21, 2015, the driving was conducted under the license without a license of the Defendant;