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 October 5, 2011, the Defendant issued a summary order of KRW 2 million at the Busan District Court as a crime of violation of the Road Traffic Act, and KRW 4 million as a fine at the Changwon District Court on February 17, 2016.

피고인은 2016. 8. 5. 14:50경 김해시 상동면에 있는 낙동수변공원 주차장에서 부터 김해시 여차로에 있는 아주우드펠렛 앞 도로에 이르기까지 약 500m의 구간에서 혈중알콜농도 0.101%의 술에 취한 상태로 자동차운전면허를 받지 아니하고 B SM3 승용차를 운전하였다.

As a result, the Defendant, who has violated the prohibition of drunk driving regulations not less than twice, drives a motor vehicle while under the influence of alcohol in violation of the above regulations, and simultaneously drives a motor vehicle without obtaining a driver'

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, as stated in the facts constituting the crime in the judgment of the court below, committed the crime of this case again under the same type of without a license even though he had the record of being sentenced to a fine for the same crime more than once, as well as the record of being sentenced to a fine for the crime of violating the Road Traffic Act on the last two occasions. The blood alcohol concentration at the time of driving