A defendant shall be punished by imprisonment for not less than eight 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 25, 2016, the Defendant was punished by a fine not exceeding one million won for the violation of the Road Traffic Act (driving) in support of the Suwon District Court on January 25, 2016, and the same year.

4. 12. A summary order of KRW 4 million was issued by the Seoul Central District Court for the same crime, etc.

On July 30, 2016: (a) around 05:11, the Defendant driven CK5 cars while under the influence of alcohol of about 0.11% of alcohol concentration without obtaining a driver’s license from the section of about 14 km from the 114-4 km-dong, Mapo-gu to the roads.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Investigation report (Application of the Madro Mark);

1. Records of judgment: Criminal history records, probationary records, investigation reports (revolving the results of the control of sound driving), and application of Acts and subordinate statutes to investigation reports (Attachment to a summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasoning for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures shall be determined as ordered in consideration of the following: (a) the Defendant has already been punished once a drinking-free driving; and (b) the Defendant committed the crime repeatedly at a short time that has not been a year, which is disadvantageous to the Defendant; (c) the Defendant recognized the Defendant’s mistake; and (d) the Defendant has no record of punishment other than the above drinking-free driving force.