A defendant shall be punished by imprisonment for not more than ten 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 November 3, 2009, the Defendant received a summary order of KRW 500,000 from Daejeon District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and on January 11, 2016, the Seoul Southern District Court issued a summary order of KRW 4 million as a fine for the same crime.

On April 6, 2016, around 03:15, the Defendant driven B Twork XG car while under the influence of alcohol content of about 0.063% without a vehicle driver's license in a section of about 3km from the front of convenience stores in Geumcheon-gu Seoul Metropolitan Government, the convenience stores in Ansan-gu to the main point of the publication of the coast Highway located in Ansan-gu, Manyang-si to the main point of the publication of the coast highway (e.g., the straight direction).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic 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. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend a lecture shall be determined by taking into account all of the sentencing factors in the instant case, including the Defendant’s age, sex behavior, living environment, and circumstances after the crime, etc., and all of the sentencing factors in the instant case, such as the circumstances in which the Defendant was favorable (a confession, reflectivity, and alcohol concentration in blood is not high), unfavorable circumstances (two times before and after drinking, and even if the driver’s license was revoked due to drinking driving at the time, and three months have not passed since the driver’s license was revoked due to drinking driving).