A defendant shall be punished by imprisonment for six 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 January 26, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Gwangju District Court, on January 26, 2013, a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Jungyang Branch District Court on January 26, 201, and on June 5, 2015, a summary order of KRW 5 million as a fine for a crime of violating the Road Traffic Act at the Seoul Northern District Court on June 5, 2015.

On September 12, 2015, at around 02:35, the Defendant driven a B-learning car under the influence of alcohol content 0.151%, without obtaining a driver’s license from the front of the Sungwon apartment apartment in Dobong-gu Seoul Metropolitan Government, to the front of the red-day pharmacy in the same Gu-ro, and without obtaining a driver’s license from about 80 meters in front of the same Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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 with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the circumstances favorable to the defendant, among the crimes committed) of the mitigated amount;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. The defendant of the reason for sentencing Article 62-2 of the Criminal Act requires three times the same criminal records.

In addition, the defendant committed the crime of this case again within three months after he was issued a summary order due to the violation of Road Traffic Act due to drinking driving.

The alcohol concentration in blood reaches 0.151%.

This is disadvantageous to the defendant.

Provided, That the punishment shall be determined as per the order in consideration of the fact that the defendant is against himself and the driving distance is 80 meters.