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

On March 20, 2014, the Defendant was issued a summary order of KRW 1,50,000 by a fine for a crime of violating the Road Traffic Act at the Busan District Court. On April 28, 2016, the Defendant was issued a summary order of KRW 3 million by the same court due to the same crime. On June 1, 2016, the Defendant was issued a summary order of KRW 2 million by the same court as the same crime.

On June 6, 2016, the Defendant, without obtaining a driver’s license at around 06:20, driven a motor vehicle with alcohol content of 0.067% in the blood, and driven a motor vehicle with Cme in the section of approximately 8km in front of the original precision machine located in the transmitting-dong of Gangseo-gu, Busan to the front of the service site at the bottom of the Busan YY-gu located in the service site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to materials related to criminal history);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. In addition, there is no record of criminal punishment exceeding fines for the following reasons: (a) the Defendant’s age, sex behavior, environment, background leading to the crime, circumstances leading to the crime, etc. are considered comprehensively. In addition, there is no record of criminal punishment exceeding the fine: (b) the Defendant’s age, sex behavior, environment, and circumstances leading to the crime; and (c) the period of punishment after the crime was committed at the time when four months have not elapsed since the date of the last drinking driving.