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

The Defendant received a fine of KRW 1.5 million from the Changwon District Court on March 28, 2014 for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 4 million from the same court around November 30, 2015 for the same crime.

On November 19, 2016, at around 19:57, the Defendant driven a B Tran vehicle under the influence of alcohol concentration of 0.077% in the blood alcohol level without obtaining a driver's license from the front of the original restaurant at the Dongsan-dong of the same city, from around 1km to the road located in the same Dongsan-dong of the same city.

Summary of Evidence

Application of the Act and subordinate statutes to inquiries, such as criminal history in the register of driver's license reports on the state driver's statement by the defendant;

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)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. An order to attend a course under Article 62-2 of the Criminal Act;