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.

Criminal facts

On July 2, 2012, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Changwon District Court on July 2, 2012, and a fine of five million won for a crime of violating the Road Traffic Act at the Changwon District Court on January 5, 2016.

around 14:50 on January 5, 2016, the Defendant driven B Trate 79 under the influence of alcohol concentration of 0.106% while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters in a section of approximately 500 meters, from the front of a restaurant of “mail,” which is located in the Hanhae-si, the Hanhae-si, the Hanhae-si, Kimhae-si, to the front two-way roads.

around 17:16 on June 12, 2016, the Defendant driven B Trate 1804 under the influence of alcohol level 0.133% while under the influence of alcohol level 0.13% without obtaining a driver’s license from a section of about 100 meters from the front of the house of D located in Kimhae-si C to the front road of “Large-dong Obaba” in E.

Summary of Evidence

"2016 Highest 79"

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. "Inquiry about criminal history, reporting on investigation (verification of previous convictions without disposition), and reporting on investigation (a copy of the judgment, etc.)".

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (a summary order, etc.);

1. Article 148-2 (1) 1, Article 44 (1) (the point of driving under influence of alcohol) of the Road Traffic Act concerning the facts constituting an offense under the relevant Act, Article 152 subparagraph 1, and Article 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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