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 July 28, 2008, the Defendant was sentenced by the Changwon District Court to a fine of three million won for a crime of violating the Road Traffic Act, and a fine of four million won for a crime of violating the Road Traffic Act at the Ulsan District Court on November 4, 2008.

On May 3, 2016, at around 19:00, the Defendant driven CM5 car while under the influence of alcohol content of about 0.201% without a driver’s license, from around 2km to the front road of the entrance of the new-month village located in the new-month village located in the new rith of the Kimhae, via the mountain village located in the actual field of the Kimhae-si from the front of the dwelling of the Defendant located in the 19:00 Kimhae-si, the Defendant driven CM5 car without a driver’s license.

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. Application of Acts and subordinate statutes to inquire about criminal history;

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. A comprehensive consideration of the following: (a) details of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the degree of drinking alcohol; and (c) the record of the crime and the reflection thereof; and (d) the same sentence