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 April 12, 2010, the Defendant issued a summary order of a fine of KRW 3.5 million at the Changwon District Court due to a violation of the Road Traffic Act (driving) and on April 17, 2013, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving), etc. at the Changwon District Court Branch, and was sentenced to a fine of KRW 7 million on at least two occasions.

On May 23:35, 2015, the Defendant driven approximately 150 meters of blood alcohol level 0.223% under the influence of alcohol level without a car driver’s license from the front of the hotel in the Changwon-si, Changwon-si to the front of the parking building in the department store in the Changwon-si, Changwon-si, Changwon-si.

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. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);

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.