A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On July 21, 2011, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 7,00,000 as a fine at the Jung-gu District Court on December 1, 201.

On May 12, 2016, the Defendant, who violated two or more times the prohibition of driving under the influence of alcohol, driven a DNA-type vehicle under the influence of alcohol with approximately four meters of alcohol content 0.103% under the influence of alcohol without obtaining a driver’s license, at around 01:25 on May 12, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection and investigation;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

However, there is no record of the defendant's mistake, there is no punishment exceeding fine due to the same kind of crime, and the defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime are committed.