A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 27, 2011, the Defendant received a summary order of KRW 2,50,000 from the Busan District Court to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving). On August 21, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving). On May 11, 2016, the same court received a summary order of KRW 5,00,000 as a fine of KRW 1.5 million.

On August 27, 2016, the Defendant, without obtaining a driver's license at around 15:53 on August 27, 2016, driven a vehicle of approximately 4 km B in the shape of alcohol with a 0.130% alcohol concentration in Busan Geum-gu from the comprehensive maintenance of the horse in the city where it was returned in Busan Geum-gu to the road before the land construction located in Busan Dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Inquiry reports, such as criminal records, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the fact that the mistake is divided in depth);

1. Article 62-2 of the Criminal Act to provide community service;