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 July 18, 2014, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving on Drinking) in support for the development of a water source method, and on June 17, 2015, the Defendant was issued a summary order of KRW 4,00,000,000 as a fine for the same crime.

On April 09, 2016, around 06:49, the Defendant driven B rocketing car under the influence of alcohol content of 0.104% while under the influence of alcohol without obtaining a driver’s license, from around 500 meters to around 31 the same road from the 21st east-gu Seoul Metropolitan City steel commercial building located in 46, as Geumcheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. 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. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: There is no previous conviction exceeding a fine;

(k) Unfavorable circumstances: The fact that one stops while driving on the road and diving the risk of traffic accidents, and there was a record of being punished three times due to drinking driving;

It is determined as ordered by taking into account the circumstances of drinking driving and the overall sentencing conditions shown in pleadings, such as circumstances after the crime.