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 May 4, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and on December 10, 2012, the Changwon District Court received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act. On April 6, 2015, the Changwon District Court received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act. On August 16, 2016, the Defendant received a summary order of KRW 7 million as a fine at the Busan District Court.

On July 28, 2016, the Defendant driven a car with approximately KRW 200 square meters from July 28, 2016 to the road front of the Danpo-dong, Busan, which is under the influence of 0.062% of blood alcohol concentration without obtaining a driver's license on July 28, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Inquiry reports, such as criminal records, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction, the fact that the crime has been recognized and the fact that the mistake has been repented in depth);

1. Article 62-2 of the Criminal Act to provide community service;