A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 23, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on August 23, 2013, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on November 30, 2015.

Criminal facts

On July 28, 2016, at around 06:00, the Defendant driven BM5 vehicle under the influence of alcohol content 0.114% without obtaining a driver’s license from around 9-9, the Seocho-gu Seoul movable property to around 81m in the front distance of the Samsung Medical Center located in Gangnam-gu, Seoul, Gangnam-gu to around 81.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the Defendant driven a drinking alcohol without a driver's license even though the Defendant had a history of drinking alcohol twice within three years, and that the blood alcohol concentration is not lowered, and that there is a possibility that another victim may occur due to such repeated crime by the Defendant.

However, the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, and circumstances after the crime, along with the fact that the defendant is against the defendant and has no record of punishment of imprisonment or heavier.