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 November 5, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on the same day, and on June 18, 2015, the Defendant received a summary order of KRW 5 million for the same crime at the same court.

On November 4, 2015, the Defendant, without obtaining a driver’s license for a vehicle at around 04:10, run a Mati Motor Vehicle at approximately 20 meters in the section of about 20 meters from the front side of the red control dong in Seodaemun-gu Seoul to about 24-6 way as he/she is under the influence of alcohol at 0.191% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of the driver at the main place, report on the circumstances of the driver at the main place, and the register of driver's licenses;

1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished twice due to drinking driving, such as the statement in the record of the crime in the judgment of the defendant, and the second drinking driving has not been conducted in a half year since the second drinking driving, again, the driving of the instant drinking and non-licenseing driving of the instant case has not been conducted again, but has caused minor but minor contacts, and the alcohol concentration in the blood is considerably high to 0.191%, and there is a need for any corresponding strict punishment.

However, the defendant's mistake is recognized, there is no record of punishment other than the above two times of drinking driving, and driving of the drinking of this case.