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 September 28, 201, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court on September 28, 201, and on May 19, 201, the Defendant was issued a summary order of five million won for the same crime at the same court.

around 01:30 on March 19, 2016, the Defendant driven a DNA car with a alcohol content of 0.143% at the 0.143% while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, a copy of a summary order of 1706 no later than the end of 2014, and a copy of the summary order of 3985 prior to the end of 2011;

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. The driving distance is short that there is no record of criminal punishment exceeding the fine, considering the following factors: (a) the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances leading to the crime, etc.; and (b) the punishment as set forth in the disposition is determined by comprehensively taking into account: (c) the Defendant’s age, sex, and environment; (d) the circumstance leading to the crime; and (e) the circumstances leading to the crime, etc. after the crime, even though he/she had been subject to two criminal punishment on two occasions due to the driving of a normal drinking disadvantageous to the reasons for the sentencing of Article 62-2 of the Criminal Act; and