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

[criminal power] On October 20, 2008, the Defendant was issued a summary order of KRW 1 million with the Changwon District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million with the same crime in the same court on November 23, 2015, respectively.

【Criminal Facts】

On June 9, 2016, at around 01:55, the Defendant driven a B-ro motor vehicle without a vehicle driver's license at a section of approximately 2k alcohol concentration of approximately 0.184%, while under the influence of alcohol without a vehicle driver's license, from the front of the Changwon Station of Changwon-si, Changwon-si, to the front of the synthetic zone located in the synthetic Dong of Masan Member-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, report on the situation of drinking driving, register of driver's licenses for automobiles, and manufacturing of points of a violation accident;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);

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. Article 62 (1) of the Criminal Act;

1. The sentencing conditions under Article 62-2 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, following the reasons for sentencing, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: The crime of this case has been committed even though they had been punished twice for the same crime.

The blood alcohol concentration is high, and driverless driving was done without license.

The favorable circumstances: The crime of this case is against the law.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.