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 January 30, 2009, the Defendant was sentenced to a fine of KRW 1,200,000 for a violation of road traffic law at the ordinary military court of the Army Education Headquarters. On May 7, 2012, the Defendant was issued a summary order of KRW 2 million for the same crime at the Daejeon District Court. On March 11, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime from the Daegu District Court Kimcheon-cheon Branch.

Although the Defendant had a history of driving alcohol more than twice as above, on April 7, 2016, the Defendant driven B Ethp car under the influence of alcohol level of about 0.169% without obtaining a driver’s license from the front side of Italian road to the front side of the fishing place in the Gu and Sinsi-dong, from around 1km to the front side of the fishing place in the Gunsi-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Scenic photographs;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before the disposition, and reporting on investigation (Attachment to a summary order);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that a mistake is recognized and reflected, and the fact that no punishment exceeding a fine is yet imposed, etc.);

1. The main sentence of Article 62 (1) of the Criminal Act (the grounds for the reduction of the amount of punishment repeated);

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;