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

[criminal power] On October 14, 2008, the Defendant was sentenced to a fine of KRW 3,500,000 for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on May 25, 201, and sentenced to a fine of KRW 2,50,000 for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 25, 201. On February 13, 2014, the Defendant was sentenced to a fine of KRW 5,00,000 for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on February 13, 2014.

【Criminal Facts】

On May 2, 2015, while under the influence of alcohol level of 0.196% without a driver's license, the Defendant driven B B B in the section of about 2 km from the front side of the bus stops at the Dobong-gu Seoul Metropolitan Government Dobong-ro, Dobong-gu, to the front day of the Dobong-gu, Seoul Dobong-gu, Seoul 884.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the actual state of the driver;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records, investigation reports (examination of suspect-related cases' decisions and summary orders) and judgment attached thereto, and application of Acts and subordinate statutes concerning summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances favorable to sentencing under Article 62-2 of the Criminal Act: The circumstances leading to the instant crime, including the fact that the Defendant recognized the instant crime and reflects the mistake, that the Defendant has no record of committing a crime exceeding the fine, that the Defendant has a record of criminal punishment several times for the same crime, and that the blood alcohol content of the instant case is considerably high.