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 August 28, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on June 4, 2010, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court. On July 1, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

On October 22, 2016, the Defendant driven, from around 03:00 to around 50 meters, a restaurant located in the lower-dong of Jinju-si, a car owned by the land B, under the influence of alcohol content of about 0.061% without a motor vehicle driver’s license, from around 50 meters to the front road of the large-type gambling in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, report on detection of the driver who is placed in driving, inquiry of the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes governing investigation reports (formers and binding of summary orders);

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. In light of the fact that the Defendant committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture had a record of being punished several times due to drinking driving, the Defendant was not less than 6 months from the date of the last crime, but the Defendant’s criminal liability is not less than marbiated. However, the Defendant’s violation of his/her criminal act, and the Defendant has no record of punishment other than the fine, etc., the Defendant’s favorable circumstances should be considered, and the Defendant’s age, sexual behavior, etc. shall be considered as favorable to the Defendant, and the Defendant’s punishment is determined as per the disposition