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 April 14, 2009, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court on April 14, 2009; on July 26, 2012, the Defendant was sentenced to a fine of KRW 4 million due to the same crime; on two or more occasions, the Defendant was sentenced to a penalty of KRW 1 million due to drinking; on May 11, 2015, the Seoul Central District Court issued a summary order of KRW 1 million due to a violation of road traffic law (licensed driving).

Criminal facts

1. Violation of the Traffic Act on roads;

A. On April 6, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 19:50 on April 6, 2016, driving Cone Star Co., Ltd at a section of about 17 km from the 59-lane to the front road of Yeongdeungpo-gu Seoul Metropolitan Government, as the bankruptcy of Gangnam-gu Seoul Metropolitan Government.

B. On April 7, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 06:30, driving the motor vehicle at the front of Yeongdeungpo-gu Seoul Metropolitan Government from the front of Yeongdeungpo-gu to about 17 km from the 17 km road as the bankruptcy of Gangnam-gu Seoul Metropolitan Government.

2. On April 8, 2016, the Defendant was under the influence of alcohol content of 0.101% in blood without obtaining a driver’s license of a motor vehicle at around 04:00 on April 8, 2016, the Defendant driven the van as described in the foregoing paragraph (1) from the 16th day of Gangnam-gu Seoul Metropolitan Government to the 59th day of the 59-lane, according to the bankruptcy of Gangnam-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A paper of measurement of drinking alcohol;

1. Each statement of D, E, and F;

1. The driver's license ledger;

1. Application of the photographic Acts and subordinate statutes by cutting down a black stuff image;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.