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.

Criminal facts

[criminal power] On September 8, 2006, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 8, 2006, and KRW 5 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Changwon District Court branch branch on April 15, 2014.

【Criminal Facts】

At around 23:35 on May 20, 2015, the Defendant, without obtaining a driver’s license, driven approximately 1 K3 cars owned by the Defendant and driven a distance of about 78 Km from the front side of the “glaming restaurant,” which is located in the Tong-si, through through the Tong-si, in the state of alcohol alcohol concentration of approximately 0.156%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Details of disposition for cancellation of driver's license;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, 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 ordinary concurrent crimes (Punishments imposed on the crimes of drinking alcohol which are heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances favorable to: The fact that it does not lead to an accident

(k) Unfavorable circumstances: The fact that a person drives under a license without permission is relatively high, the blood alcohol concentration level is relatively high, and the person continues to repeat the crime even though he/she has been punished for the same crime;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., are determined by taking account of the sentencing conditions of Article 51 of the Criminal Act, and the community service order and the lecture order are added as a result