1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 15, 2004, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and on December 26, 2006, the same court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act. On February 5, 2014, the same court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.

On April 1, 2016, the Defendant, who had the history of violating the Road Traffic Act (driving) two or more times, driven a DNA car owned by approximately three meters in front of the “C” restaurant located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, with a blood alcohol concentration of at least 0.123% while under the influence of alcohol without obtaining a driver’s license for a motor vehicle on at least 0:05.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the occurrence of the case, report on the state of the driver, report on the situation of the driver, notification on the control of the drinking driving, inquiry into the vehicle, and the register of driver's licenses

1. Previous convictions indicated in judgment: The results of inquiry and the application of investigation reports (Attachment to summary orders of the same attached power) Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of the Road Traffic Act with heavy penalty);

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by taking into account the following circumstances.

Unlicensedly, the state of drinking driving was conducted in a state of non-license even though there was a record of being punished three times for the same crime.

- drinking water is relatively high.

The favorable circumstances - mistake is divided.

- The distance of driving is short.

- 5 times;