A defendant shall be punished by imprisonment for 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 December 14, 2012, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Gyeyang Branch of the Suwon District Court on December 14, 201, and on February 6, 2014, the Defendant issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Seocho Branch of the Chuncheon District Court.

On September 18, 2016, around 02:00, the Defendant driven a Bknop vehicle under the influence of alcohol concentration of 0.126% without a driver’s license at a section of about 10 meters from the Do in front of the Mapo-gu Seoul Mapo-ro 7-22 Monobdo to the 16th day of the same Gu-ro 7-gil.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on the circumstantial statement of a drinking driver, a record of measurement of drinking, and a report on detection of a drinking driver;

1. An inquiry into the ledger of driver's licenses;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had already been punished twice due to drinking driving and again drives under the unfavorable circumstances against the defendant, the defendant's mistake is divided, and the above fact that the defendant has no other means of punishment except the punishment for a fine twice due to drinking driving, and the above fact that there is no other means of punishment shall be determined by considering the above circumstances favorable to the defendant.