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 this judgment becomes final and conclusive.

Punishment of the crime

On June 24, 2008, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the Seoul Western District Court on June 24, 2008, and KRW 2,50,000 as a fine for the same crime at the Seoul Central District Court on October 8, 201.

Defendant was punished twice or more as a crime of violating the Road Traffic Act (drinking), and was driving a B Sp-type car under the influence of alcohol concentration of about 0.090% from the 700m section to the front side of the Hanyang-gu, Seoyang-gu, Seoyang-gu, Busan-si, without obtaining a driver’s license around October 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, report on the detection of drivers in the main place, circumstantial report on drivers in the main place, register of drivers' licenses, and details of revocation of drivers' licenses;

1. On-site photographs;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same final judgment) and statutes;

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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following: (a) the Defendant’s reflectivity, the record of punishment for drinking alcohol driving (three times), the degree of alcohol content, the occurrence of an accident; (b) the gap between time and time during the immediately preceding detection day; (c) the Defendant’s age, background and details of the crime; (d) the Defendant’s sex, criminal conduct, environment, family relationship, and circumstances after