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 June 4, 2008, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act at the Busan District Court. On January 19, 201, the Defendant was issued a summary order of 2.5 million won for the same crime in the Dong branch branch of the Busan District Court. On November 10, 2011, the Defendant was issued a summary order of 3 million won for the same crime, etc. at the Busan District Court.

On September 3, 2015, under the influence of alcohol concentration of 0.162% in blood around 04:00, the Defendant driven CK5 vehicle from around 300 meters to the international white apartment front road located in the Busan Jindong-gu, Busan, without a driver’s license, at approximately 00 meters from the cK5 vehicle on the cK5 vehicle at around 00 meters of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a criminal investigation report (Attachment to a judgment of violation of the Road Traffic Act (toxicated Driving) to a suspect);

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 Article 40 of the Commercial Concurrent Crimes Act (Punishment provided for in a crime of violating the Transport 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 suspension of execution (the following normal consideration):

1. There is no record of criminal punishment exceeding a fine that is advantageous to the fact that there is a history of criminal punishment three times due to driving of normal drinking disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, and that there is no record of criminal punishment exceeding a fine. Since 2011, the Defendant was not subject to criminal punishment due to driving of drinking, and the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc. are comprehensively taken into account.