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 November 16, 2006, the defendant was sentenced to a fine of 4 million won for the violation of the Road Traffic Act in the Changwon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act. On September 19, 2014, the defendant filed a summary order with the Changwon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act.

On June 9, 2015, at around 20:10, the Defendant driven a B-learning car under the influence of alcohol with approximately 500 meters alcohol concentration 0.177% while under the influence of alcohol without obtaining a driver’s license from a section of about 500 meters in the direction of the lurwon-gun, Haurwon-gun, Maurwon-gun to the roads adjacent to the lurwon-gun, Maurwon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, even though the defendant had had a history of punishment several times due to drinking driving, choice of imprisonment is made, taking into account the fact that the defendant committed the instant crime, but the defendant has a variety of errors, and the punishment is determined as ordered only once, taking into account the defendant's age, character and behavior, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc.