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 18, 2007, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on April 18, 2007; on October 26, 2007, a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (free license) by the same court; on April 4, 2014, the Incheon District Court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (on October 22, 2014), and on October 22, 2014, a summary order of KRW 10,000,000,000, respectively.

On August 1, 2015, the Defendant, while under the influence of alcohol by 0.152% without obtaining a driver’s license on August 1, 2015, driven B-to-land from approximately 50 meters in the section of 50 meters to the pre-construction department store, on the roads near the East subway Station located in Busan East-gu, Busan, but located in the same hot spring zone.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Inquiry into the register of driver's licenses and administrative dispositions of main offices;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and reports) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor because of the same kind of crime committed;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness of the accused and the fact that there is no excessive criminal record of the fine for the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act for probation, community service or lecture attendance order;