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 December 17, 2004, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court on December 17, 2004, a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court on May 27, 2005, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on May 25, 2005. On November 23, 2005, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Daegu District Court on February 15, 2013.

As above, the Defendant violated Article 44(1) of the Road Traffic Act more than twice. On December 24, 2015, the Defendant driven B-low-income car under the influence of alcohol content of at least 0.124% during blood alcohol without obtaining a driver’s license from around 194 to around 258, in accordance with the luminous public order of the members of Ansan-si, Ansan-si around 23:31, Dec. 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drinking and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to a copy of a summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and the selection of imprisonment with prison labor;

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 crime of this case is committed in the case of this case, even though it has been punished several times for the same kind of crime as the sentencing of Article 62-2 of the Criminal Code for community service and lecture attendance order.