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

[criminal history] On November 26, 2013, the Defendant was issued a summary order in the Seoul Central District Court to impose a fine of three million won due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dact-free driving) at the Seoul Central District Court on November 26, 2013, and was sentenced to a fine of five times more.

[2] On July 11, 2015, the Defendant driven B K5 cars under the influence of alcohol leveling to about 0.118% of alcohol leveling from around 230 meters to around 22:40 of Gangnam-gu Seoul, Gangnam-gu, Seoul, Gangnam-gu, Seoul, while driving around 10:36, a pressure-based 36-gil, Gangnam-gu, Seoul, Seoul, while under the influence of alcohol leveling to about 162-12.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (a criminal investigation into a suspect's escape route, etc.);

1. Report on the circumstances of a driver making a drinking, report on the results of drinking test, and report on the results of regulating the driving of drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

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 as stated in its reasoning, the Defendant was driving in the state of drinking alcohol concentration exceeding 0.1% without a driver’s license even though he/she had a large number of alcohol driving or driving without a license.

Considering the risk of traffic safety that can be caused by the act of the defendant, the nature of the crime is not less than that of the crime.

There is no attitude of reflection against the defendant about the crime.

In addition, various sentencing conditions, such as the age, sex, environment, and motive of crime of the defendant, shall be considered.