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

The Defendant was issued a summary order of KRW 2.5 million on May 14, 2009, by a fine of KRW 2.5 million at the Jeonju District Court, due to a violation of the Road Traffic Act (drinking), and was issued a summary order of KRW 5 million on January 25, 2016.

On September 22, 2016, at around 22:35, the Defendant driven a motor vehicle with B low alcohol level of about 0.060% under the influence of alcohol during blood without obtaining a driver’s license from the front of the restaurant in the trade name of “village swine” located in the same Dong from the front of the cafeteria Kim Jong-si, to the front of the road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A driver's license inquiry;

1. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiry, including criminal history;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reason for the observation of the protection of Article 62(1) of the Act on the Suspension of Execution of Sentence 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity, the reason for sentencing under Article 62-2 of the Social Service Order and the Act on the Suspension of Execution under Article 62-2 of the Criminal Act is that the Defendant was punished twice by a fine due to drinking, and that he was punished by a fine on two occasions due to the violation of the Road Traffic Act by violating the Road Traffic Act: Provided, That the Defendant’s operation distance is relatively short and is unlikely to dispose of the motor vehicle and drive it under drinking, etc.

circumstances such as the circumstances at issue;