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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 27, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on July 17, 2013, the Defendant issued a summary order of KRW 2 million for the same crime to the same court on July 17, 2013, and on December 2, 2015, issued a summary order of KRW 7 million for the same crime at the same court.

Although the Defendant had been punished twice or more due to drinking driving, on January 13, 2017, at around 00:45, the Defendant driven a B-hurd vehicle under the influence of alcohol level of 0.067% in alcohol level while under the influence of alcohol level of 0.067%, without obtaining a driver’s license from the front of a mutually influent restaurant located in the jurisdiction of Suwon-gu, Suwon-si, to the high-speed road in front of Suwon-gu, Suwon National Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, on-site photographs, report on detection of the principal driver, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment provided for in the provisions of Articles 40 and 50 of the Road Traffic Act, between the violations of the Road Traffic Act, and between the violations of the Road Traffic Act (unlicensed driving), and the punishment provided for in the provisions of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act - While the Defendant committed a same kind of crime and had been already punished several times, the Defendant committed this case. - The risk of the occurrence of an accident, such as collision between the central unit under the influence of drinking without a license for drinking, has not been a significant degree of risk. The favorable circumstances - the Defendant recognized all criminal facts.