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 October 23, 2009, the Defendant issued a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act at the Suwon District Court on December 11, 2013, the Defendant issued a summary order of KRW 7 million by the same court on December 11, 2013, and on January 28, 2015, the Defendant had the record of violating Article 44(1) of the Road Traffic Act, such as being issued a summary order of KRW 9 million by the same court on January 28, 2015 due to a violation of the Road Traffic Act.

On February 14, 2015, at around 23:20, the Defendant, without a driver’s license, driven an Estststun car on the road front of the Round 1 Complex, Masan-si, Masan-si, under the influence of alcohol content of 0.052%.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous record: Application of Acts and subordinate statutes to a reply to criminal records, etc., a report on the results of dispositions and confirmation, and a report on investigation (report attached to the previous and summary order);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The execution of imprisonment after discretionary mitigation is suspended in consideration of the fact that the defendant's reasons for sentencing and education under Article 62-2 of the Criminal Act reflects the defendant, the amount of alcohol alcohol is not high, circumstances to be taken into account in driving circumstances, dependents, etc., but the execution of imprisonment is suspended after discretionary mitigation. However, the period of imprisonment and probation, probation, and order to attend lectures shall be determined as the same as the order, considering the fact that it is necessary to take measures to prevent recidivism because the previous case