A defendant shall be punished by imprisonment with prison labor for up to 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 May 21, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1,500,000 for a fine for the same crime in the same court on July 22, 2009, and a summary order of KRW 9 million for the same crime in the same court on October 4, 2013, by issuing a summary order of KRW 9 million for the same crime, etc. on two or more occasions, respectively.

On February 29, 2016, the Defendant driven C in a state of alcohol alcohol concentration of 0.137% while under the influence of alcohol leveling from around 22:40 to around 220 meters from the front of a mutually influent restaurant in the Dong-Eup, Shincheon-si to the front of the Rose of Sharon in the same Dong, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger (A);

1. Traffic accident reports, on-site photographs, and investigation reports;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order: The drinking and non-licensed driving of the instant case are again conducted despite the number of records of punishment for drinking driving, the circumstances favorable to the high alcohol concentration in blood: one’s mistake is against himself/herself; the Defendant’s age, sex behavior, intelligence and environment; motive, means and consequence of the crime; and other factors of sentencing under each subparagraph of Article 51 of the Criminal Act, such as circumstances after the crime, etc., are considered.