A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On July 22, 2010, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2 million for the same crime at the Seoul Northern District Court on March 18, 2013, and KRW 5 million with a fine of KRW 2 million for the same crime at the Jung-gu District Court on September 23, 2013, respectively. On November 13, 2014, the Defendant was sentenced to a fine of KRW 7 million with the same offense at the Jung-gu District Court on the same day.

【Criminal Facts】

On July 27, 2015, at around 01:09, the Defendant driven a Bol XG car under the influence of alcohol concentration of about 0.115% without a vehicle driver’s license on the section of approximately 20km from the front day of the Hoju-si Mari-ri, Yangju-si, Seoul, the Haju-ri, the Haju-ri, the Haju-ri, the front day of the Hoju-si Mari-ri, and the front day of the Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (a summary order for the same kind of driving under the influence of alcohol and attachment of judgment) and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances unfavorable to a person who has no record of punishment exceeding a fine due to the same kind of crime: The fact that driving is repeated in a short term and driving without a license for driving under the influence of alcohol is conducted, etc., causing danger and injury to traffic safety, such as receiving a license for driving without a license;