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 July 25, 2014, the Defendant received a summary order of KRW 4 million from the Seoul Central District Court to a fine of KRW 4 million for a crime of violating the Road Traffic Act, and on October 4, 2016 to a summary order of KRW 4 million for the same crime.

On October 27, 2017, at around 11:54, the Defendant driven a vehicle CK5 car owned by the Defendant after the Defendant without obtaining a driver’s license, while under the influence of alcohol content of about 0.207% at a section of approximately 1km from the same Gu Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to the same Gu Nowon-gu, and from the road front of the Gongung-dong Green Port, the Defendant was under the influence of alcohol content of 0.207%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a driving, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished twice due to drinking alcohol driving in the past, and again commits the instant crime, taking into account the circumstances that are disadvantageous to the fact that the amount of alcohol concentration in blood during the instant case is very high. The Defendant recognized the instant criminal facts and reflects the mistake, and the Defendant did not have any history of punishment exceeding the previous fine, etc., by taking into account the favorable circumstances.