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

except that 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 December 1, 2006, the Defendant received a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on December 1, 2006; on October 27, 2011, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Ansan Branch of Suwon District Court's Ansan Branch on October 27, 201; on December 29, 201, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) on December 29, 201; and on December 12, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Ansan Branch Branch of Suwon District Court's Ansan Branch on December 12, 2013.

On October 28, 2015, at around 07:10, the Defendant driven B rocketing car with a blood alcohol concentration of 0.129% under the influence of alcohol without obtaining a driver’s license from a square in the Songnam-gu, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City, to the 25 Ostopher road.

Accordingly, the Defendant, who violated the prohibition of driving at least twice without obtaining a driver's license, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of drinking control and driver's license register;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

5. The sentence shall be determined like the order, in consideration of the fact that the defendant has been punished for the same offense for the reason of sentencing under Article 62(1) of the Criminal Act (recognating the favorable circumstances below), but is against mistake and only the fact that he has been sentenced to a fine.