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 October 15, 2009, the Defendant received a summary order of KRW 500,000,000 from the Seoul Northern District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and on April 25, 201, the Defendant received a summary order of KRW 2.5 million as a fine for the same crime from the Gunsan Branch of the Jeonju District Court, and on November 30, 201, issued a summary order of KRW 5 million as an offense at the Seoul Northern District Court.

[2] On April 22, 2017, at around 00:51, the Defendant driven an E rocketing car owned by the Defendant’s wife, while under the influence of alcohol 0.102% of alcohol content in blood without obtaining a driver’s license, from around about 1km to the front road of the heat joint power plant located in 955, Namnam-si, Gangdong-gu, Seoul Metropolitan Government.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (in addition to the previous summary order three times such previous calendars) and statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

However, the records and arguments of this case, such as the fact that the defendant is against the defendant, the fact that there is no criminal record exceeding the fine, and the age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc. are revealed.