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 May 28, 2014, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on July 21, 2015, and a fine of four million won for a violation of the Road Traffic Act at the Busan District Court on July 21, 2015.

[2] On October 16, 2015, the Defendant driven B 3 automobiles under the influence of alcohol with approximately 100 meters alcohol concentration 0.155% in blood, without obtaining a driver’s license, on the section of around 100 meters from the roads in front of the Sejong de den Han Han-dong, Jin-do, Jin-do, Changwon, Seoul, to the front road for the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the circumstances of the driver at the main driver, report on detection of the main driver, control-related photographs, ledger of driver's licenses, and details of revocation of driver's licenses;

1. A previous conviction: A reply to inquiry, such as criminal history, reporting on a previous conviction before disposition, reporting on the result thereof, and applying a copy of the summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Imprisonment with prison labor chosen for the punishment (in consideration of the fact that a person commits the same kind of crime several times in a short term and the fact that alcohol concentration in the blood is very high);

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment exceeding the distance of driving under the influence of alcohol and no record of serving

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