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 March 9, 2016, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on May 30, 2016, the Defendant filed a petition with the Changwon District Court for a summary order of KRW 5 million for the same crime.

On May 23, 2016, the Defendant, without obtaining a driver’s license for a vehicle at around 04:15, driven B K3 motor vehicles at a distance of about 5km from the front day of Changwon-si to the front road of Chuncheon apartment located in the same Gu, under the influence of alcohol level of 0.064% in blood, and from the front day of Changwon-si to the front day of the Chuncheon apartment located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, a statement made under the circumstances of the driver of drinking, and a letter of measurement of the driver's drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of investigation, and the application of Acts and subordinate statutes;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures is that the Defendant again committed the instant crime under the same type of permission even though he/she had been sentenced to a fine twice due to the violation of road traffic laws during the last one year, and it is difficult to find out circumstances that may be considered in the circumstances leading up to the Defendant’s driving of the instant drinking, and thus, it is necessary to give a warning to the Defendant’s repeated acts of violating the aforementioned Acts and subordinate statutes.

However, the defendant's mistake is unfolded and reflected in depth, and the drinking of this case is driving.