A defendant shall be punished by imprisonment with prison labor for not more than ten 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 April 25, 2016, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong branch on April 25, 2016, and the same court on June 13, 2016 issued a summary order of KRW 2 million by a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) in the same court and the same criminal power has three times the same criminal records.

【Criminal Facts】

On August 14, 2016, at around 01:41, the Defendant driven B rocketing car under the influence of alcohol content of about 0.094% without obtaining a driver’s license from the front day of the mutual influent drinking house to the front day of the Jinju-si, 169.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

1. Relevant laws concerning facts constituting an offense, and Articles 148-2 (1) 1, 44 (1) (a point of sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act which choose a penalty;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, probation, community service, or order to attend a lecture three times in consideration of the defendant's blood alcohol density, the details and distance of driving, the records of punishment for the same kind of crime in a short term, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment and circumstances after the crime, etc., the punishment against the defendant is determined and probation, community service order and order to attend a lecture shall be added as a result