A defendant shall be punished by imprisonment for not less than eight 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

【The Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking on April 15, 2009) from the Jung-gu District Court Goyang Branch on April 15, 2009, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) in the same court on January 22, 2015.

【Criminal facts” around 01:00 on March 26, 2016, the Defendant driven BM5 vehicle under the influence of alcohol concentration of 0.186% without obtaining a driver’s license from around 300 meters in front of the front of the Mapo-gu Seoul Mapo-gu Joint-dong, Mapo-gu, to the front road of about 32 meters in Mapo-do, and without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture has already been punished for driving under drinking twice, and again, the defendant has been under the influence of punishing for driving under drinking again, and there is a need for any corresponding strict punishment.

However, in consideration of the fact that the defendant repents his mistake and that there is only one time to commit a crime of violating the Military Service Act for religious reasons other than the above punishment records, the punishment shall be determined to suspend the execution of imprisonment as above.