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.

Criminal facts

On November 3, 2014, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million by a fine for a crime of violating the Road Traffic Act at the Changwon District Court on December 27, 2016, respectively.

On March 13, 2017, the Defendant driven a C K7 vehicle under the influence of alcohol level of 0.112% while under the influence of alcohol level of 0.12%, without obtaining a driver’s license, from the front of a mutually influent cafeteria, which is located in the corner of the window of Changwon-si, Changwon-si, to the front of the Do square in the same 2km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of the relevant Acts and subordinate statutes to investigation reports (Binding of such previous summary orders);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; and (b) the motive and background leading up to the instant crime; and (c) the means and consequence of the instant crime; (b) the circumstances after the crime; (c) the Defendant’s age; (d) the Defendant’s sexual behavior; (e) intelligence and environment; and (e) various conditions of sentencing indicated in the arguments and arguments, such as criminal records and arguments, were comprehensively considered.