A defendant shall be punished by imprisonment for not less than eight months.

except that 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 13, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Seowon District Court's Busan Branch on August 13, 2008, and was issued a summary order of KRW 2 million at the Changwon District Court on June 19, 2015 as the same crime.

On July 16, 2016, at around 09:10, the Defendant driven B Poter cargo without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.070% from the section of approximately 200 meters, from the road near the new wall market located in the sub-dong in Kimhae-si, Kim Jong-si to the alleywa road located in the same Dong.

As a result, the Defendant, who has violated the prohibition of drunk driving regulations not less than twice, drives a motor vehicle while under the influence of alcohol in violation of the above regulations, and simultaneously drives a motor vehicle without obtaining a driver'

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the results of the drinking driving control, inquiry into the results of the drinking driving control, and notification of the completion of correction;

1. Details of cancellation disposition of driver's license and the register of driver's license;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime under the same type of without a license even though he/she had the record of being punished as a crime of violating the Road Traffic Act, as stated in the criminal facts in the judgment below, etc., which is disadvantageous to the Defendant.

However, the defendant does not repeat the same crime again.