A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 14, 2015, the Defendant was issued a protective disposition by the Seoul Family Court due to a crime of violating the Road Traffic Act (drinking driving), and on April 6, 2017, the Seoul Southern District Court issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on August 24, 2017, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) at the Seoul East District Court.

On May 12, 2018, at around 06:23, the Defendant driven a rash car without a driver’s license, under the influence of alcohol with approximately 0.085% alcohol concentration from the 100-1st road in Gangnam-gu Seoul, Seoul to the 708-1st road in the same 701st road.

Summary of Evidence

1. Statement by the defendant in court;

1. A drinking measuring instrument;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes concerning investigation reports (related to the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;