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 31, 201, the Defendant received a summary order of KRW 6 million from the Changwon District Court’s branch office to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on December 30, 201, and on March 23, 2015, from the Changwon District Court’s branch office, the Defendant received a summary order of KRW 6 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

피고인은 위와 같이 2회 이상 도로교통법위반(음주운전)죄로 처벌받은 전력이 있음에도 2015. 7. 18. 04:20경 자동차 운전면허를 받지 아니하고 혈중알코올농도 0.194%의 술에 취한 상태로 경남 통영시 광도면 죽림리 ‘OK쭈꾸미삼겹살’ 식당 앞 도로에서부터 거제시 사등면 덕호리 신거제대교 검문소 앞 도로에 이르기까지 약 10km 구간에서 B K9 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers 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 legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do114, Apr. 1, 201>

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;