A defendant shall be punished by imprisonment for not less than eight months.

However, 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

[criminal history] On August 12, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating road traffic laws at the Daejeon District Court on August 12, 2008, and on October 23, 2014, the same court issued a summary order of a fine of six million won for a crime of violating road traffic laws.

[2] On October 6, 2015, the Defendant, without obtaining a driver’s license around 01:30 on October 6, 2015, driven a car with C low alcohol level of 0.162% under the influence of alcohol during blood, from around 808 East-gu, Seogu, Seo-gu, Daejeon to the dynamic distance near the 808 Dong-dong apartment in Seo-gu, Seodong-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Application of a written inquiry, a summary order, and a summary order;

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 suspension of execution (see, e.g., reflectiveness, Defendant’s family relationship, economic situation, etc.