A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 28, 2010, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court, and a summary order of KRW 5 million with the same crime in the same court on October 30, 2015.

【Criminal Facts】

On September 3, 2015, at around 01:00, the Defendant driven Bchier car with approximately 100 meters alcohol concentration 0.150% while under the influence of alcohol without obtaining a driver's license from the front of the Dong Maul Road, which is in front of the Dong Maul-si Movement, to the front of the king Manul-don Road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Du1148, Apr. 21, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc., of orders to provide community service and attend lectures;