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 29, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on November 29, 201, and a summary order of KRW 7 million for a crime of violating the Road Traffic Act (dacting driving) at the same court on March 17, 2015, respectively.

[Criminal facts] On April 15, 2017, the Defendant: (a) driven B SP car under the influence of alcohol content of 0.190% while under the influence of alcohol without obtaining a driver’s license from the front of the Go-dong in the ancient sports hall in the ancient city, which is in the ancient city, to the front of the first apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, and statement or report on the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 to mitigate small amount;

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 on orders to provide community service and attend lectures is that the defendant has been punished six times (five times a punishment penalty, five times a suspended sentence of imprisonment, one time a suspended sentence of imprisonment) due to the crime related to traffic, such as drinking, etc., and that the defendant's blood alcohol concentration is considerably high, etc. are disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's time to commit the crime of this case and the fact that the defendant has no record of criminal punishment exceeding the fine since 1998, the age, sex, environment, motive, means, and consequence of the crime.