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.

Punishment of the crime

On October 2, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch, and on November 5, 2015, the Defendant was sentenced to a fine of KRW 2 million as a crime of the same offense at the Busan District Court’s Busan District Court.

On July 5, 2016, the Defendant driven a Copben vehicle at a section of about 200 meters from the vicinity of the camping bridge located in Busan-gu to the front road located in the same Gu, in the state of alcohol concentration of 0.131% without obtaining a driver's license for a motor vehicle on July 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: A reply to inquiries, such as criminal history, copy of summary order, and application of the text of the judgment;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. The fact that there is no record of criminal punishment exceeding the fine as to the fact that the Defendant committed the instant crime even though he/she had the record of being subject to four times criminal punishment due to driving of a normal drinking disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, and that there is no record of criminal punishment exceeding the fine, by comprehensively taking into account the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, circumstances after the commission of the crime, etc.