A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 28, 2015, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on August 28, 2015, and on April 8, 2016, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.

Although the Defendant had been subject to punishment twice or more for a violation of the Road Traffic Act (driving) as above, the Defendant driven Creki Cor in the state of under the influence of alcohol with a blood alcohol concentration of 0.103% without obtaining a driver’s license on September 29, 2016, around 09:30, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Investigation report on the actual condition, report on the results of the control of drinking and driving, report on the proper driving of drinking drivers, report on the actual status of drinking drivers, and register of driver's licenses;

1. An accident vehicle photograph, victim booms image picture;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and copies of summary orders;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2008);

1. Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);