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

[criminal history] On August 8, 2007, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine for a violation of the Road Traffic Act (driving), and on February 12, 2015, the Defendant received a summary order of KRW 1,500,000 from the above court as a crime of violating the Road Traffic Act (driving).

[Criminal facts] On April 19, 2016, the Defendant driven B Rain on the two kilometers from the front road of the “Seoul Gas Filling Station” located in the Jeju Nowon-gu Nowon-gu, while under the influence of alcohol of 0.118% during blood without obtaining a driver’s license for a motor vehicle on April 19, 2016 to the front road of the “Seoul Gas Filling Station” located in the Jeju Nowon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Orders to observe protection and attend lectures: The punishment shall be determined as per the order, taking into account all of the following circumstances of the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc.:

The favorable circumstances: The facts of the crime are recognized and the facts of the crime are considered to be committed at a favorable level: there was a history of a fine of four times only after 2000 and there was a history of punishment for the violation of the Road Traffic Act even before that, the defendant is deemed to lack of awareness of traffic-related crimes, and other facts: the amount of alcohol concentration and driving distance, motive and background of the crime.