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

[criminal history] On January 20, 2009, the Defendant was issued a summary order that imposes a fine of four million won on the part of the Seoul Northern District Court due to a violation of road traffic laws (drinking), and on January 21, 2014, the Seoul Northern District Court issued a summary order that imposes a fine of four million won due to a violation of road traffic laws (drinking) at the Seoul Northern District Court.

[2] On October 16, 2015, while under the influence of alcohol by 0.122% during blood transfusion on October 16, 2015 without a driver’s license, the Defendant driven G 200 meters away from 58-9 to 58-4, Gangnam-gu, Seoul, Seo-gu, Seoul, with a driver’s license.

Accordingly, even though the defendant was sentenced to criminal punishment for driving under drinking more than twice, he/she again driven under drinking or without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Report on the circumstances of a driver who takes the alcohol and records the measurement of alcohol;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (a copy of summary order accompanied by a copy of summary order), application of the statutes governing 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture are two times more that the Defendant was punished for driving under drinking or driving without a license, in addition to the criminal records as indicated in the judgment.

Nevertheless, the Defendant once driven alcohol again in a state of drinking exceeding 0.1% in blood alcohol concentration.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.