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.

Punishment of the crime

On December 8, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court, and on December 24, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court.

Nevertheless, on February 25, 2016, under the influence of alcohol content of 0.085% in blood without a vehicle driver's license, the Defendant driven a vehicle B with approximately KRW 300 meters in the 300-meter section from the front side of the Dasan Seo-gu, Seoyang-gu, Busan Metropolitan City to the front side of the same dialogue.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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

1. Selection of imprisonment with prison labor chosen;

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 suspended execution;

1. The Defendant, on the ground of sentencing Article 62-2 of the Criminal Act, driven a three-time drinking alcohol due to the instant crime, at the same time, while driving a non-license.

However, there is no other criminal record except for the same criminal record as the defendant has been sentenced to a fine and has been punished by fine.

In addition, the sentencing conditions identified in the records of this case and the trial process of this case shall be determined as per the disposition in consideration of the two factors.