A defendant shall be punished by imprisonment with prison labor for not more than ten 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 July 25, 2014, the Defendant issued a summary order of KRW 2 million with a fine of KRW 3 million on the ground of a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site Board, and on December 3, 2015, a summary order of KRW 2 million with the same offense in the same court was issued, respectively.

Although the Defendant had had a record of driving under the influence of alcohol twice again, on July 10, 2016, at around 04:39, the Defendant driven a B K7 car under the influence of alcohol level of approximately 0.086 percent in the section of about 12 kilometers from the roads near the Pyeongtaek-si Police Station located in Pyeongtaek-si, to the roads near Pyeongtaek-si Gyeong apartment located in Pyeongtaek-si Do.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

around 21:05 on August 30, 2016, the Defendant driven B K7 cars without obtaining a driver's license from the Han Military Parking Lot located in Pyeongtaek-dong 441-7, Pyeongtaek-dong, Pyeongtaek-dong, to the roads located in the same Sinsan-dong from the Han Military Parking Lot to the roads located in the same Sinsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking control, report on requests for appraisal, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (previous and confirmation);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;