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 August 23, 2012, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on August 23, 2012, and on May 2, 2016, the Seoul Eastern District Court received a summary order of a fine of four million won for a crime of violating the Road Traffic Act.

On October 28, 2016, while under the influence of alcohol level of 0.193% from blood alcohol level, the Defendant driven a BSP car at a section of about 2 km from the front of the 340 KH-ro, Gangnam-gu, Seoul to the south-gu, Gangnam-gu, Seoul, without obtaining a driver’s license, at around 0.193%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A driver's license inquiry;

1. Previous conviction: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (a copy of summary order);

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

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 suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;