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

except that 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 power] On February 5, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Chungcheong District Court on November 6, 2008.

【Criminal Facts】

On August 16, 2016, the Defendant violated two or more prohibitions on driving under the influence of alcohol, and driven a vehicle BM520 in the state of under the influence of alcohol 0.074% under the influence of alcohol without obtaining a driver’s license at approximately 1km section from the front side of the Yongsan-dong Seog-si, Gangnam-si to the front side of the 101 Gangnam-si Licensed Real Estate Agent, the Defendant driven a vehicle under the influence of alcohol 0.074% under the influence of alcohol.

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 Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the person has not been sentenced to the punishment, but the degree of the punishment has not been serious, and the most recent criminal record of the drunk driving has expired for a considerable period of 2008);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);