A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 6, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of driving under the Road Traffic Act at the Busan District Court's Dong Branch. On August 10, 2016, the Defendant was issued a summary order of KRW 5 million as a crime of driving under the Road Traffic Act at the Busan District Court's Busan District Court.

On October 26, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle, driven BK7 motor vehicle at a section of approximately 1 km up to the front of the south-gu intersection in the same Dong as that located in the city of Asia, which was under the influence of alcohol content of 0.156% during blood, in the state of alcohol concentration of 0.156% during blood.

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 (No. 14 No. Serial of evidence list);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (limited to such previous convictions);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154-2 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. In addition, there is a history of being sentenced to three times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), and there is a need to strictly punish the instant crime at the time when three months elapsed since the date of the last drinking driving. However, there is no record of criminal punishment exceeding the fine for the same kind of crime, the fact that there is no record of criminal punishment exceeding the fine for the same crime, the Defendant’s age, sex behavior, environment, background leading to the commission of the crime, circumstances leading to the crime, etc. shall be determined as per the order by comprehensively taking into account the following factors.