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 April 13, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court and racing support, and on July 4, 2016, the same court issued a summary order of KRW 4 million as a fine for the same crime.

On November 26, 2016, at around 00:40, the Defendant driven a BE-car under the influence of alcohol concentration of 0.170%, without obtaining a driver’s license, from the front side of the back cafeteria, which is located in the Yellow-dong, to the gold gate located in the same sidong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field map, a circumstantial report on the driver of a primary driving, a notification on the results of regulating drinking, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;