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 February 13, 2012, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of road traffic law (drinking driving), etc. in the Changwon District Court's Jinju branch on February 13, 2012, and on December 15, 2015, the Defendant was issued a summary order of KRW 6 million for a violation of road traffic law (drinking driving).

피고인은 2015. 11. 6. 19:24 경 자동차 운전면허를 받지 아니하고 혈 중 알코올 농도 0.168% 의 술에 취한 상태에서 의무보험에 가입되어 있지 아니한 피고인이 평소 관리ㆍ운행하는 피고인 아들 B 소유의 C 쏘렌 토 승용차를 타고 진주시 강남동에 있는 동성 가든 앞길에서부터 같은 시 주약동에 있는 성우 트리 팰리스 앞길에 이르기까지 약 1km 구간에서 위 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, registers of drivers' licenses, and inquiries into the mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, and reporting on investigation (formers and reporting on confirmations);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s history of having been punished on several occasions due to driving under drinking or non-licensed driving. In particular, driving under drinking, non-licensed driving, and mandatory insurance on October 18, 2015.