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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 14, 2013, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on November 14, 2013, and a fine of three million won due to a violation of the Road Traffic Act (driving) in the Changwon Branch of the Changwon District Court on October 5, 2015, respectively.

Although the Defendant had had had a alcohol driving twice as above, on August 26, 2016, the Defendant driven BM5 automobiles at a distance of about 5km from the 5km away from the gradation day located in the gold village of the same city to the neighboring road in the Sinju City, on the roads adjacent to the same Sinju City, without a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.189%.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. An inquiry into driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes attached to investigation reports;

1. Article 148-2 (1) 1, Article 44 (1), 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 for the ordinary concurrences and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, without any special reason, has been driving under the influence of drinking, twice.

However, the defendant shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.