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

【Criminal Power】 On April 10, 2008, the Defendant received a summary order of KRW 5 million from the Jeonju District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million from the Jeonju District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) on March 28, 2016, respectively.

【Criminal Facts of Crimes】 On August 6, 2016, at around 05:47, the Defendant driven C Coin vehicle under the influence of 0.102% of the blood alcohol concentration without a driver’s license on a section of about 500 meters from the roads in front of the mutual influence, which was located in the book-to-mail, to the roads in front of the 282 SK Telecom Agent’s agent, located in the letter-to-mail.

Summary of Evidence

1. Defendant's legal statement;

1. Report on voluntary driving of a person suspected of violating the Road Traffic Act (driving and driving without a license);

1. Report on the circumstantial statement of a drinking driver, the appearance, clothes, language, attitude, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (attached to a summary order of the same kind of suspect's power);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service, and lecture attendance order - Circumstances unfavorable to the defendant: Not only four times of previous convictions for the same kind (driving) but also when a fine was imposed on a drunk driving on March 28, 2016, the name, the degree of drinking alcohol (0.102% of blood alcohol level) in the instant crime again within a short time, - normal circumstances favorable to the defendant: serious reflects, or there is no previous convictions for probation.