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 May 27, 2013, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on May 27, 201, and imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Busan District Court’s branch branch on June 12, 2014, and two years of suspended execution.

On August 25, 2016, at around 23:30, the Defendant driven BM car under the influence of alcohol content of 0.060% without obtaining a driver’s license from approximately 200 meters section from the roads near the upper south-dong, Changwon-si to the roads before the Samsung Service Center located in the same Dong and located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgment, etc.);

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. Article 62 (1) of the Criminal Act;

1. In full view of the details and distance of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the degree of drinking alcohol, crime history, and reflectivity, etc., the same sentence as the order was determined.