A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 17, 2011, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of road traffic law (driving) from the Cheongju District Court. On April 6, 2015, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of road traffic law (driving) from the Suwon District Court.

On November 5, 2016, the Defendant, without obtaining a driver’s license from around 22:01 on the roads located in the Myeon of the head of the Si/Gun in the Special Self-Governing City of Sejong, Do, and the astronomical Do, which is located in the Do governor of the Si/Gun in the Cheongju-si, to the point of 258km from the 3km section to the Do governor of the Si/Gun of the Si/Gun, driven a car with Cromatic alcohol concentration of about 0.091% while under influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (to file a summary order for drinking driving);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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. In full view of the records of the defendant's punishment for the same crime with the reason of sentencing under Article 62-2 of the Criminal Act (in case of drinking driving from 2011 to 2015, two times by drinking, and one time by refusal to measure drinking), driving distance, blood alcohol concentration, the defendant's age, sex, behavior, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined as ordered by taking into account all the sentencing conditions shown in the argument of this case, including the defendant's age, sex, behavior, environment, health conditions, the circumstances after