A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On December 28, 2007, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court. On July 22, 2011, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the Seoul Central District Court. On June 8, 2012, the Defendant was issued a summary order of KRW 7,00,000 for a fine for a violation of the Road Traffic Act (dacting driving), and on August 9, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 years for imprisonment for a violation of the Road Traffic Act (dacting driving) at the Seoul Central District Court.

On March 30, 2017, around 02:04, the Defendant driven a CMW car under the influence of alcohol content of 0.056% while under the influence of alcohol without obtaining a driver's license from the 5-lane, Yongsan-gu, Seoul to the 188-1st day of Yongsan-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of judgment, such as driving of suspect drinking, etc.);

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. According to the evidence submitted by the prosecutor as to whether concurrent crimes are handled, the defendant was sentenced to a suspended sentence of ten months on October 6, 2016 by the Seoul Northern District Court for a violation of road traffic laws (non-licenseless driving), and the judgment becomes final and conclusive on October 14, 2016 (hereinafter “final and conclusive judgment No. 1”); on April 13, 2017, the Seoul Western District Court sentenced the defendant to a suspended sentence of six months for special larceny and was sentenced to a suspended sentence of two years on June 22, 2017 (hereinafter “second final and conclusive judgment”); on March 6, 2016, the date and time of the crime of special larceny in the second final and conclusive judgment becomes final and conclusive.