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.

Criminal facts

[criminal history] On May 13, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s branch on May 13, 2013, and a fine of KRW 3.5 million as a crime of violating the Road Traffic Act (dacting driving) at the Ulsan District Court on April 18, 2016.

[2] Although Defendant 1 had been punished twice or more due to the violation of the Road Traffic Act (driving of alcohol), Defendant 2 driven a B rocketing car at a section of about 300 meters from the road near the public parking lot in the Y-dong in the Y-dong city to the road adjacent to the same YY-dong, without obtaining a driver’s license around July 10, 2016, while under the influence of alcohol at least 0.158% of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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. For the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment against the Defendant is determined by taking account of the following factors: (a) the Defendant’s blood alcohol density density, the degree and distance of driving, the records of punishment for the same kind of crime, and the Defendant’s age, sex behavior, environment, circumstances after the crime, etc.; and (b) the protection observation and attendance order as a result of the risk of recidivism, reflectiveness, and reflectiveness.