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

On September 26, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on April 1, 2014, the Seoul Southern District Court issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and on August 21, 2015, the Seoul Western District Court issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court.

On April 18, 2016, around 03:10, the Defendant driven a motor vehicle B tezine without obtaining a driver’s license in the state of alcohol with approximately 0.120% alcohol concentration from the 4km section of around 03:15, around the same day from the front of the department store in Yeongdeungpo-gu Seoul Special Metropolitan City, to the front road of the 8-gu, Yeongdeungpo-gu, Seoul Metropolitan City Do Do 137, on the same day.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice and drives a motor vehicle without obtaining a driver's license in the state of under the influence of alcohol 0.120% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving, notification on the results of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Probation of protection and observation and circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A person shall be punished by a fine not exceeding four times, in addition to punishment;

(k) Unfavorable circumstances: The fact that there exists a history of being punished three times due to drinking or non-licenseing in the last three years, and the fact that drinking values are relatively high;

(k) Other driving under the influence of alcohol.