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

[criminal history] On December 13, 2012, the Defendant received a summary order of KRW 3.5 million from the Seoul Southern District Court to a fine of KRW 1,50,000,000 for a violation of road traffic laws, on February 1, 2013, a summary order of KRW 2.5 million for a violation of road traffic laws (driving), and on April 7, 2015, a summary order of KRW 4 million was issued from the Seoul Southern District Court to a fine of KRW 1,50,00 for a violation of road traffic laws.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven CMW car under the influence of alcohol concentration of about 0.085% without obtaining a driver’s license on the section of approximately 500 meters from the front of the Gangseo-gu Seoul Metropolitan Government, which was located in the 302 Gangseo-gu, Gangseo-gu, Gangseo-gu, Seoul, to the road of 246 front of the same Gurororo, which was located on November 5, 2016, while under the influence of alcohol concentration of 0.085% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Application of an inquiry letter, such as criminal history, and a criminal investigation report (the attachment to the previous criminal suspect and the summary order attached thereto, the summary order (3742), approximately 605 high order (321 high order), and the summary order (3215 high order) shall be applicable to statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the crimes of violating the Road Traffic Act which require more severe punishment);

1. Imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for not less than eight months and two years of suspended sentence; and