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

1. The Defendant, at the Seoul Central District Court on January 19, 2015, issued a summary order of KRW 1,000,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court. On August 30, 2016, the Defendant was issued a summary order of KRW 5,00,000 for the same crime.

2. The Defendant is a person who has no driver’s license and has violated the provision prohibiting drinking under Article 44(1) of the Road Traffic Act not less than twice.

Nevertheless, at around 07:20 on March 1, 2017, the Defendant, while under the influence of alcohol of 0.156% in blood, driven a vehicle of approximately 700 meters in a volume C Au Q3 car from the front of the post office located in Dongjak-gu Seoul Metropolitan Government, Seoul to the south-gu, Dongjak-gu, Seoul to the south-gu 2081, with the alcohol content of 0.156% in alcohol in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on the detection of a driver of the primary driving, a report on the circumstances of the driver of the primary driving, and a record of drinking measurement;

1. The driver's license ledger;

1. Previous conviction: Application of inquiry letter, investigation report (No. 14) and copies of each summary order (No. 15) Acts and subordinate statutes; and

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. Defendant shall be punished by imprisonment, taking into account the following circumstances: (a) the choice of imprisonment with prison labor chosen to punish a person who has already been punished for driving under the influence of alcohol twice; (b) the driving without obtaining a license for drinking alcohol again; (c) the recent concentration of driving under the influence of alcohol is relatively concentrated; (d) the occurrence of an accident involving the driver’s vehicle in the course of driving under the influence of alcohol causes considerable danger to traffic; and (e) the amount of alcohol concentration in blood at