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

[criminal history] On October 5, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 4 million for a violation of road traffic law (driving driving), KRW 2.5 million with a fine of KRW 2.5 million for the same crime from the Changwon District Court’s territorial branch on November 4, 201, and KRW 7 million with a fine of KRW 4 million with the same crime at the Changwon District Court Msan Branch on September 4, 2015, respectively.

[2] Around December 30, 2015, the Defendant driven a Dial in a state of alcohol alcohol concentration of 0.122% while under the influence of alcohol leveling 0.122%, even though the Defendant’s driver’s license was revoked at approximately 200 meters from the front side of the commercial building to the front side of the 5th city forest in the Eup-gu, Changwon-si, Changwon-si, Busan Metropolitan City.

Summary of Evidence

1. The defendant's legal statement, investigation report on the detection of the main driver, report on the situation of the main driver, and previous records on the register of driver's licenses: The application of a reply to inquiry, such as criminal history, shall be made in accordance with the statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of a sentence of imprisonment with prison labor chosen for the crimes under Articles 40 and 50 (Punishment prescribed for the crimes of violating the Road Traffic Act with heavier punishment) of the Criminal Act;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: Four times the record of punishment for the same kind of crime has been imposed on September 4, 2015, and a summary order was issued on September 4, 2015, and the crime of this case has been committed in addition to about four months.

The degree of alcohol concentration in blood is high.

The favorable circumstances: The crime of this case is recognized and reflected.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.

vehicle shall be sold.