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 November 29, 2013, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking) from the Jung-gu District Court's High Court's High Court's High Court's order on November 29, 201, and on December 8, 2016, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking).

On February 14, 2017, 23:13, the Defendant driven a B car under the influence of alcohol content of 0.164% while under the influence of alcohol, without obtaining a driver’s license, from the front of the apartment at night, in the same Gu and in approximately 500 meters from the front of the Gean Village apartment to the front road of the Gean Village apartment at night, Seo-gu, Seosan, Seosan, Seosan, Seo-gu, Busan.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and driving a motor vehicle without obtaining a driver's license while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of drinking alcohol, a report on detection of drivers of drinking alcohol, a circumstantial report on drivers of drinking alcohol, and details of revocation of driver's license;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (the same criminal records and confirmation of suspects);

1. Article 148-2 (1) 1 and Article 48 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the third drinking since 2013 due to the instant crime, and in particular, on December 8, 2016, the Defendant again committed the instant crime only for two months, even though he/she was punished by a fine for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving).

However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.

. Other defendant.