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 August 16, 2004, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court of the Republic of Korea on August 16, 2004. On November 13, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court of the Seoul Western District on November 13, 2008. On September 6, 2012, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

Criminal facts

On October 22, 2016, the Defendant, as a person who violated the provision prohibiting driving of alcohol twice or more, driven a motor vehicle with hived vehicle B while under the influence of alcohol with approximately 0.120% alcohol concentration in the blood, without obtaining a driver’s license from GS station in the Dong-dong-dong-dong-dong-dong-dong-gu, Busan to the 199-51 Gangseo-gu 1k-ro through the same mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of alcohol, a statement on the circumstances of the driver's license, and the driver's license ledger;

1. (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous conviction of each disposition, and the application of Acts and subordinate statutes of one summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 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. Consideration of the records of the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the concentration of alcohol in blood, the circumstances of driving, etc.;