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

On June 23, 2014, the Defendant received a summary order of KRW 3 million from the Seoul Northern District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act. On December 3, 2015, the Seoul Central District Court received a summary order of KRW 5 million from a fine of KRW 1,00,00 due to a violation of the Road Traffic Act.

On May 11, 2016, at around 14:43, the Defendant driven a Bbenz car with alcohol content of 0.117% while under the influence of alcohol without obtaining a driver’s license from the vicinity of the hill station in Gangnam-gu Seoul Metropolitan City, to the 269th roads in Songpa-gu Olympic Games.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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. 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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant unauthorized license or the instant crime of drinking, even though he/she was sentenced to a fine three times due to drinking driving and driving without a license within two years, and that the instant drinking alcohol level is at least 0.1% and is considerably high is disadvantageous to the circumstances.

However, it is decided as per Disposition by taking into account all the sentencing factors shown in the pleadings of this case, such as the Defendant’s age, sex, environment, motive, means, consequence, etc., the fact that the Defendant had no previous conviction except the above traffic-related fine, the fact that the instant crime is divided in depth, and the Defendant’s age, sex, environment, motive, means, and consequence of the crime.