A defendant shall be punished by imprisonment 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 February 4, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Eunpyeong site of Suwon District Court on February 4, 2008, and on October 2, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the same court on October 11, 2014, and the said judgment became final and conclusive on October 11, 2014.

On June 24, 2016, the Defendant, without obtaining a driver's license at around 14:20 on June 24, 2016, operated a section of approximately 100 meters for the front of the rearrangement station located in Pyeongtaek-si, while under the influence of alcohol by 0.079 percent of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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

1. Determination on the application of sentencing guidelines for sentencing under Article 62-2 of the Criminal Act for probation and community service order: consideration of all the circumstances, including the fact that the application of sentencing guidelines for sentencing is contradictory to a non-applicableO, that the drinking alcohol level of the previous suspended sentence is not higher than 0.073%, and that the drinking alcohol level in this case is not high, and that the considerable period of time has been detained;