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 of the final judgment.

Punishment of the crime

[criminal power] On August 17, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court’s branch on August 17, 2015, and a fine of KRW 2 million for the same crime in the same court on April 13, 2007.

【Criminal Facts】

On August 22, 2016, at around 21:20 on August 22, 2016, the Defendant driven B-learning car under the influence of alcohol with a blood alcohol concentration of 0.073% without obtaining a driving license from around 2km to the road front of the same treatment shipbuilding.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009);

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;