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 June 30, 2015, the Defendant issued a summary order of a fine of KRW 4 million for a violation of road traffic law (drinking driving) in the Daejeon District Court’s branch on June 30, 2015, and on August 31, 2016, the Defendant was charged with summary indictment of a fine of KRW 5 million for the same crime and pending trial.

On October 9, 2016, the Defendant driven CM5 vehicle under the influence of alcohol level of 0.159% while under the influence of alcohol level of 0.159%, without obtaining a driver’s license from the front of a restaurant in the Cheongan Sea State of the Southern-gu, Chungcheongnam-gu, Chungcheongnam-si to the front of the same Cheongan elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Considerations such as repeated crimes of the same kind for the reasons of sentencing under Article 62-2 of the Criminal Act, the observation of protection and order to attend lectures, the reflection of such crimes, the absence of criminal punishment heavier than suspended execution, and the drinking volume;