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

[criminal history] On September 2, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam support center, which was issued a fine of KRW 5 million for a crime of violating the Road Traffic Act. On November 2, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam support center, which was issued on November 2, 2015.

[2] On February 1, 2016, the Defendant driven a B car with approximately 600 meters from the road near the bank market in Sungnam-gu to the road near Sungnam-si, Seoul Special Metropolitan City, without obtaining a driver's license, while under the influence of alcohol level of 0.09% in blood around 02:40 on February 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Relevant photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Persons Ordering to Provide community service and attend lectures is that the defendant has a record of being punished for drinking twice in the past, etc., and that the defendant would not drink or drive without a license again while being aware of and against his/her crime.

The favorable circumstances, such as the fact that the defendant is taking place, and the age, family environment, motive, means and result of the crime, etc. of the defendant after the crime is committed.