A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 14, 2015, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the same court on January 20, 2016 to a fine for a violation of the Road Traffic Act.

Although the Defendant had been able to drive drinking more than twice as above, on June 24, 2016, at around 05:15, the Defendant driven B-car under the influence of alcohol level of 0.181%, without obtaining a driver’s license, from the front day of the Gansan Busan District University Hospital to the front day of the Gansan Busan District University Hospital, from June 24, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and reporting of the results of confirmation before and after each disposition;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 20

1. An order to attend a course under Article 62-2 of the Criminal Act;