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 August 20, 2010, the Defendant was issued a summary order of a fine of 500,000 won for a crime of violating the Road Traffic Act at the Busan District Court. On December 19, 201, the Defendant was issued a summary order of a fine of 1 million won for a crime of violating the Road Traffic Act at the Busan District Court on December 19, 201, and on December 5, 2013, the Defendant was issued a summary order of a fine of 5 million won for a crime of violating the Road Traffic Act at the Busan District Court.

On July 25, 2014, at around 23:05, the Defendant driven a BFD car under the influence of alcohol content 0.109% while under the influence of alcohol while under the influence of alcohol, from the front of the Yang Savings Association located in the father-dong in the Kimhae-si, Kim Jong-si to the front of the Saemaul Undong in the Young-si, Kimhae-si, the Defendant did not obtain a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any person in violation of the Traffic Act on the road, reporting on the circumstances of the driver in charge, and inquiry into the results of regulating drinking;

1. Inquiry into driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime under the same type of permission even though he/she had been sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment below, and that the amount of alcohol concentration in the blood during driving of the instant case also high is the reason for sentencing unfavorable to the Defendant.

However, the defendant's mistake is unfolded and reflected in depth, and the drinking of this case is driving.