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.

Criminal facts

[2] On August 10, 2006, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s branch on August 10, 2006 and KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s branch on April 6, 2015, respectively.

[criminal history] Although Defendant was punished twice or more for a crime of violating the Road Traffic Act (drinking) as above, Defendant 1 driven a car with CW at a level of about 3 km from the roads near the B parking lot in the Si-si in the Dong-dong dong dong dong, in a state of drinking alcohol concentration of 0.095% at around 23:00 on April 22, 2016 without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood density, alcohol density, driving background and distance, the records of punishment for the same kind of crime, and the Defendant’s age, sex, environment, and circumstances after the crime, etc. are equally taken into account, the sentence against the Defendant is determined and the order to provide community service and attend lectures is added as a result of reflect and reflect.