A defendant shall be punished by imprisonment for six 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 December 20, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court), and on July 2, 2015, the Defendant was issued a summary order of KRW 8 million for the same crime at the same court.

On January 3, 2017, around 09:56, the Defendant driven a C-Whn-Wn-Wn-Wn-Wn-Wn-Wn-gu, Seoul Special Metropolitan City’s apartment on the roads of Gyeonggi-gu, Gyeonggi-do, to the 254 LG Electronic Road, without obtaining a driver’s license, and driving a C-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the result 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 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. 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. Sentence a stay of execution on condition of an order to attend a lecture, in consideration of the enforcement time of the sentence of Article 62-2 of the Criminal Act and the alcohol level during the blood transfusion;