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 August 28, 2009, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Suwon District Court on January 22, 2010, a summary order of KRW 5 million by a fine for the same crime at the same court on January 22, 2010, and a summary order of KRW 7 million by the same court on April 22, 2015.

On May 9, 2015, at around 17:58, the Defendant driven a D Ecoo motor vehicle with approximately 800 meters alcohol concentration 0.163% under the influence of alcohol without a driver’s license, from the road near the Hanju apartment located in Sacheon-si, Sacheon-si to the road front of the “Lari” kindergarten located in the same Ri around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. Registers of driver's licenses, reports on the state of driver's licenses without licenses, and making a red inquiry;

1. A report on investigation;

1. Previous records of judgment: Criminal history records, references to criminal records, reporting on the results of confirmation of the previous dispositions, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of a summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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;

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service has been punished several times due to drinking driving, etc. In particular, the defendant was issued a summary order of a fine of seven million won at the Suwon District Court due to the crime of drinking driving committed around March 5, 2015.