A defendant shall be punished by imprisonment for six 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 history] On August 13, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a violation of road traffic law (drinking driving), on April 3, 2014, the Seoul Southern District Court rendered a summary order of KRW 5 million for a violation of road traffic law (drinking driving), on March 22, 2016, and on March 30, 2016, the Defendant was sentenced to a suspended sentence of KRW 8 months for a violation of road traffic law (drinking driving), and the judgment was finalized on March 30, 201.

[2] On December 9, 2016, the Defendant, while under the influence of alcohol content 0.05% in blood around 21:25, driving a motor vehicle without obtaining a driver’s license, and driving a motor vehicle with approximately 20 km distance from the insular area below Gangseo-gu Seoul Metropolitan Government to the front day of the 853 Southern-dong Mapo-dong 853 Southern-si Mapo-dong Mapo-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made to F or G by the police;

1. Report on internal investigation (driving of alcohol, driving without a license), notification on the results of regulating the driving of alcohol, statement and report on the circumstances of a driver making a driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (a copy of judgment on the past records of the same kind of crime, etc.);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the Defendant of Article 62-2 of the Criminal Act regarding community service and lecture attendance order

1. Although the Defendant’s assertion was dissatisfied with the pulmonary measurement result and demanded a measurement by blood collection, a dispute occurred due to the police officer’s failure to explain the necessity of the Defendant’s consent in blood collection process.