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

[criminal history] On July 14, 201, the Defendant received a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court’s support on July 14, 201, and a summary order of KRW 5.5 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court’s support on December 12, 2013, respectively.

[Criminal facts] On November 14, 2015, the Defendant driven a B low-priced car at the section of about 100 meters from the 100-meter radius to the front road of Taecheon-dong, Taedong-dong, Taedong-dong, Taedong-dong, under the influence of alcohol level of 0.168%, without obtaining a driver’s license for a motor vehicle on November 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

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 for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act (the following extenuating circumstances in favor of the reasons for sentencing);

1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order and order to attend a lecture, also committed the crime of drinking or non-licensed driving as in the instant case, and the Defendant’s strict punishment is inevitable in light of the fact that the blood alcohol concentration in the instant case is considerably high.

However, it is favorable for the defendant to recognize the facts charged of this case and reflects the fact that the defendant has no record of the same punishment exceeding the fine.