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 May 24, 2010, the Defendant was sentenced to a fine of two million won as a crime of violating road traffic laws (drinking driving) at the Seoul Southern District Court on May 24, 201, and was sentenced to a fine of eight million won as a crime of violating road traffic laws at the Seoul Southern District Court on November 20, 2015.

On February 2, 2016, the Defendant, without a driver’s license on February 10:53, 2016, driven a B K7 car from the front side of the Daelimdong in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, to the 157 large forest apartment distance, and under the influence of alcohol concentration of 0.101% from the 1Km section of approximately 1 Km to the 157 large forest apartment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Inquiries about the results of regulating driving of drinking, reporting on the situation of driving of drinking, on-site photographs, and written report of control;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include three times of drinking driving and one time of punishment due to driving without a license, and the defendant's age, sex, family environment, motive and circumstances of the crime, means and results of the crime, and the conditions of sentencing as shown in the arguments, such as the circumstances after the crime, etc., shall be determined as the order.