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

【The Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on April 29, 2010. On January 10, 2011, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court on January 10, 201. On April 1, 2015, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act (driving) at the Sungnam support of the Suwon Giwon Giwon Gi-gu District Court on April 1, 2015.

【Criminal Fact-finding on March 18, 2016, the Defendant driven CM5 automobiles without obtaining a driver’s license in the state of alcohol concentration of about 0.094% from the 22km section of Yongsan-gu Seoul, Yongsan-gu, Seoul to the 184 front roads, from the front roads of the Defendant’s house located in Seongbuk-gu, Sung-gu, Sungnam-si, Seoul, to around 02:13 on the same day.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant has already been punished three times due to drinking driving, even though he had the record of punishment for driving without a license.