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 29, 2013, the Defendant was issued an electronic summary order of KRW 1 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court Jinwon Branch on August 29, 2013, and on October 21, 2015, the Defendant was issued an electronic summary order of KRW 6 million for the same crime at the same court.

On March 26, 2016, the Defendant driven BK5 car owned by the Defendant under the influence of alcohol content of about 0.194% while under the influence of alcohol without obtaining a driver’s license from around the 4km University, which was located in Jinju-si, in the same city-dong, to the next road to the Dododo Hospital, located in the same city-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver employed at home, report on detection of the driver employed at home, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant had been punished twice due to drinking driving, the defendant committed each of the crimes of this case even though the reason for sentencing under Article 62-2 of the Criminal Act, and the defendant's drinking volume is considerable, etc., although the defendant's criminal liability is not light, the defendant's criminal liability is determined in light of the circumstances favorable to the defendant, such as the defendant's violation of his/her crime, and the fact that the defendant has no record of punishment other than the fine, etc., the defendant's age and sexual behavior, etc., and other various sentencing conditions as shown in the records and changes theory of this case