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 July 20, 2012, the Defendant issued a summary order of KRW 2 million for a fine of KRW 5 million for a violation of road traffic law (drinking driving) at the support of the Southern District Court of the Jeonju on July 20, 2012, and a summary order of KRW 2 million for the same crime at the same court on April 5, 2013.

On November 28, 2015, around 20:44, the Defendant driven B rocketing car with alcohol content of about 0.089% in alcohol without a driver’s license at a section of approximately 2 km from the Do near the Gun Office located in the north-gun, Gun Office located in the same Do to the roads near the same Do, or near the same Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. The actual investigation report on traffic accidents;

1. On-site photographs;

1. Previous convictions: Application of inquiries about criminal history and investigation reports (limited to the previous convictions and attachment of such judgments);

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. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., even though the defendant had been punished for driving like drinking or driving without a license, the fact that the defendant again fell under the crime of this case, and that the defendant caused a traffic accident in the course of driving without a license for drinking alcohol in this case is disadvantageous to the defendant.

However, the defendant has no criminal record other than a fine, and the defendant supports the family including the minor's children at present.