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

On July 8, 2011, the Defendant has been notified of a summary order of KRW 3.5 million by the same court as the same crime in the case of a violation of road traffic law (dacting driving), etc. in the Gwangju District Court's Netcheon Branch on July 8, 201, and the summary order of KRW 3 million by the same court on September 24, 2015.

On December 3, 2015, the Defendant, without obtaining a driver’s license on a motor vehicle around 19:10, driven a motor vehicle B in the section of approximately 100 meters from the front of the mardo restaurant at the influent city, in the state of alcohol concentration of 0.116% in the blood while under the influence of alcohol, to the front of the main road at the influent city at the influent city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order have the same record on several occasions, and the drinking volume is not lowered.

Provided, That the same sentence as the order shall be determined by comprehensively taking into account various circumstances, such as the fact that the defendant did not cause a traffic accident and has no criminal record of imprisonment or any heavier punishment due to drinking driving.