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

【The Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jeonju District Court on May 23, 2013. On December 22, 2015, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act.

【Criminal fact-finding on March 27, 2016, the Defendant driven a B-learning car under the influence of alcohol level of about 0.219% without a driver’s license from the front day of the drinking house in which he was replaced with a woman in the G-si Kim Jong-dong, to the front day of the same 100m-off mix, from the front day of the drinking house in which he was replaced by the tree, to the front day of the same mix.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a summary order attached to the suspect's previous records);

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. 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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the defendant: (a) previous and two times of fines of the same kind; (b) the name, the degree of principal practice, etc. of the instant crime again within a short time after being punished for the same kind of crime; (c) the circumstances favorable to the defendant are very good for the defendant; (d) the elderly mother’s health conditions such as name, the serious reflectivity, cancer, and heart disease are not good; (d) the elderly mother’s age supports the defendant’s age, sexual behavior, environment, etc.