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.

Punishment of the crime

On February 9, 2011, the Defendant issued a summary order of KRW 3 million with a fine of KRW 1,000 due to a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Branch on February 9, 201, and a summary order of KRW 5 million with the same court on July 17, 2013 as a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license).

Although the Defendant was punished for a violation of the Road Traffic Act (driving) more than twice as above, on October 20, 2014, the Defendant driven Bone Star Cornex under the influence of alcohol with approximately 0.063% of the blood alcohol concentration from the section of about 1km to the front road, i.e., the 21:23th day before the luminous village prosperity in the light-time without a vehicle driver’s license, from the front road in the light-time 2014 to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking driving, inquiry into the results of the control of drinking driving, report on the state of drinking driving, notification of the results of the control of drinking driving, and result of the measurement of drinking;

1. Previous convictions indicated in judgment: Criminal records, previous records of dispositions and report on the results of confirmation, and application of each summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considering circumstances, such as confessions and reflects, and the absence of any record of punishment exceeding the fine due to the same kind of crime);

1. Order to attend lectures under Article 62-2 subparagraph 1 of the Criminal Act;