A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 3, 2013, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (non-licenseless driving) at the Seoul Eastern District Court. On August 29, 2013, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court on August 29, 2013, and issued a summary order of KRW 2 million for the same crime at the Seoul Central District Court on July 30, 2014. On March 17, 2016, the Defendant issued a summary order of KRW 3 million for the same crime of violation of the Road Traffic Act.

On July 17, 2016, around 02:10 on July 17, 2016, the Defendant driven a vehicle with low alcohol level of 0.056% under the influence of alcohol without obtaining a driver’s license from the front side of Samsung C&V complex in Seongdong-gu Seoul Metropolitan Government to the front side of the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the circumstantial statement of a drinking driver, a record of drinking alcohol measurement, and a record of control;

1. Details of cancellation disposition of driver's license and the register of driver's license;

1. Vehicle photographs;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of each Act and subordinate statutes for investigation reporting;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (Driving) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 (Unlicensed Driving) of the same Act;

Article 40 or 50 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was punished by a fine of three million won due to driving under the influence of alcohol on the same vehicle on March 17, 2016, but he/she again drives under the influence of alcohol within a short period. From 2013 to 2014, even if he/she had already been punished by a three-time fine, he/she shall be subject to criticism in that he/she again drives without a license.

However, in light of the fact that there is no record of more severe punishment than the above 4-time fine, the fact that the above 4-time fine is likely not to drive a drinking or non-license without permission, and the sentencing conditions, such as the defendant's age, are considered as the order.