A defendant shall be punished by imprisonment for six 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 September 25, 2006, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic laws (drinking driving) at the Seoul Central District Court on September 25, 2006, and was sentenced to a fine of four million won for the same crime at the Seoul Northern District Court on September 10, 2015.

On September 23:25, 2017, the Defendant driven a B-wing truck with alcohol content of about 1.5 km in the section of approximately 1.5 km from the insular street of Seongbuk-gu Seoul Metropolitan Government to the old Sea of Gangnam-gu, Seoul, Gangnam-gu, Seoul, with no driver's license, while under the influence of alcohol of 0.151%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant again committed the instant crime despite the fact that he/she had been punished twice due to drinking alcohol driving in the past; (b) the amount of alcohol concentration in blood at the time of the instant case is very high; and (c) the Defendant reflects the instant criminal facts; (d) the Defendant has no special criminal record other than the punishment of a fine imposed twice due to drinking alcohol driving; and (e) the Defendant has a old age to support the Defendant.