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 March 15, 2013, the Defendant received a summary order of KRW 4 million for a fine of KRW 5 million for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million for the same crime in the same court on March 5, 2014.

At around 01:00 on June 27, 2015, the Defendant driven a motor vehicle with a gallon in the state of alcohol alcohol concentration of about 0.207% without obtaining a driver's license from the front side of the Yangyang-dong located in the Northern-dong at the port, to the front side of the same 700 meters-meter-of-the-counter road in the same Gu, from the front side of the gallon-dong at the port to the front side of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and 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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant has been punished for driving under the influence of alcohol more than five times and there is a history of punishment for the crime related to driving, such as suspended sentence; circumstances favorable to the high level of drinking water: simply drinking and driving without a license; the driving distance is not relatively short; the suspended sentence is imposed before about 16 years and there is no history of punishment exceeding the fine; and the error is against the law;