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 November 20, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving), and on November 28, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving in drinking), and on May 19, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving in drinking), and on February 26, 2015, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving in drinking), and on February 26, 2015.

On December 9, 2015, around 02:35, the Defendant driven B car with alcohol concentration of 0.078% while under the influence of alcohol without obtaining a driver’s license from the front side of the grode restaurant in the grode of Sacheon-si, Sacheon-si to the front side of the grode 631-3rd road in Sacheon-si, Sacheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. (A) and (B) of the driver's license ledger;

1. A report on investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

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 Defendant committed the instant crime despite the fact that the reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had been punished several times for the same type of crime, and the Defendant’s refusal to regulate drinking and thus, seems to cause danger to traffic by escaping.