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 November 4, 2010, the Defendant issued a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act in the Incheon District Court’s Busan District Court’s Vice-Support, and on November 30, 2015, the same court issued a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act.

[2] On December 8, 2015, at around 00:55, the Defendant driven a cub car in D with alcohol concentration of about 150 meters from a public parking lot located in the Kimpo-si, Kimpo-si to the front road of the “Sak River-ro vehicle” located in the Kimpo-si, Kimpo-si, Kimpo-si, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking and statement of the situation of driving of drinking; and

1. Entry into the ledger of driver's licenses;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, investigation report (A), and attachment of such previous summary order);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend, appears to have led to the confession of the crime of this case and his mistake by the defendant, etc., are favorable to the defendant.

However, in full view of the circumstances under Article 51 of the Criminal Act, such as the Defendant’s main records of driving, the degree of driving of the instant drinking, and the fact that the instant crime was committed due to the fact that the driving of the immediately preceding drinking was conducted, etc., the punishment is determined as ordered.