A defendant shall be punished by imprisonment for not more than ten 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 April 30, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court Jinwon District Court on April 30, 2009, and on May 8, 2014, the Defendant was issued a summary order of KRW 2.5 million for the same crime at the same court on May 8, 2014, and on April 2, 2015, the Defendant was issued a summary order of KRW 8 million for a crime of violating road traffic laws (drinking driving).

The Defendant driven a motor vehicle under the influence of alcohol not less than twice as above, without obtaining a driver’s license, and driven a blance motor vehicle under the influence of alcohol with approximately 0.136% alcohol concentration at the front of the 20-meter road of approximately 20 meters from the Do in front of the landscape architecture in Jinju-si, Jinju-si on October 8, 2016 to the front road of about 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver employed at home, report on detection of the driver employed at home, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. In light of the fact that the defendant committed the crime of this case even though he had been subject to punishment several times due to drinking driving or non-licensed driving, and that the defendant's drinking volume is considerable, although the criminal liability of this case is not weak, the fact that the defendant reflects his crime, and that the defendant has no penalty record other than the fine, etc. are considered as favorable to the defendant, and the records and changes of this case, such as the defendant's age, sexual behavior, etc., are considered as favorable to the defendant.