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 25, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) from the Seogu District Court Branch of the Daegu District Court. On November 15, 2013, the Defendant received a summary order of KRW 4,00,000 as a fine for the same crime in the same court.

On October 7, 2015, at around 00:10, the Defendant driven a BD car under the influence of alcohol of about 0.096% without obtaining a driver’s license from the front side of the Jincheon-dong Scoober cafeteria, Seocheon-gu, Daegu-gu to the front side of the said Jincheon-do Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Although the grounds for sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order had already been sentenced to a four-time fine due to driving of drinking alcohol, choice of imprisonment is made on the ground that the person committed the crime of driving without a license for drinking alcohol in this case, and there is no previous conviction other than fines, and it is so decided as per Disposition in consideration of the various conditions of sentencing as indicated in the instant case, such as the Defendant’s age, sexual behavior and environment.