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 March 22, 2012, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Jeonju District Court's military mountain support, and on February 25, 2013, the same court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)

On August 14:10, 2015, the Defendant, from the front of the Ka Center, on which it is impossible to identify the trade name in the Kashdong in the following cities: (a) on the road to the front of the consortium in the same Dong, driving B Kan under the influence of alcohol level of about 800 meters without obtaining a driver’s license, while under the influence of alcohol level of about 0.121%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation: Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., that there appears to repent and reflect miscompetence, that there is any family member to be supported, that there is no record of being punished heavier than the fine for the same kind of crime);

1. Article 62 (1) of the Criminal Act (Discretionary mitigation of these circumstances shall be taken into consideration);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc., of orders to provide community service and attend lectures;