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

[criminal history] On February 6, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on February 6, 2014. On October 30, 2015, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drinking driving).

[2] On August 24, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 05:57, and under the influence of alcohol content 0.067% in blood, the Defendant driven Bone Starex vehicle over about 200 meters from the Do near the “Synch Hospital” located in the Sinpo-Gun of Sinpo-si to the front way of the “Synpo City” located within the Sinpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous history);

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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The punishment of a fine due to the crime of violating the Road Traffic Act (unlicensed driving) is repeated by using the same vehicle as the previous one within a short period, such as the crime of violating the Road Traffic Act, in addition to the previous head stated in the judgment, two times more; - Other circumstances, such as the crime history, degree of alcohol concentration in blood, Defendant's age, sexual behavior, occupation, etc.;