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 June 26, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and on December 2, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

On December 12, 2015, the Defendant, while under the influence of alcohol of 0.146% from blood, driven BM5 car at approximately 4km from the Busan Jung-dong to the front road in front of the members of the Busan Jin-dong, Busan, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. Reports on internal accidents - The details of regulating drivers;

1. Previous convictions: References to inquiries, such as criminal history, replys to inquiries, previous convictions and application of Acts and subordinate statutes;

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. Not only has the record of criminal punishment twice due to the driving of a normal drinking disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act, but also, in particular, the fact that the nature of the crime of this case committed while under criminal punishment due to the driving of drinking alcohol is recognized and contradictory to the fact that the nature of the crime of this case is very rough and bad, and other factors such as the defendant's age, sexual behavior, environment, circumstances leading to the crime, and circumstances after the crime are considered as a whole, and the punishment as set forth in the order shall be determined as ordered.