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 July 25, 2008, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), KRW 5 million due to the same crime from the support of Suwon Friwon, which was rendered on September 14, 2012, and KRW 7 million due to a violation of the Road Traffic Act (drinking driving) at the Cheongju District Court on October 7, 2013.

Although the Defendant had a history of driving alcohol more than twice as above, on November 24, 2015, at around 17:35, the Defendant driven the Cone Star Cornex under the influence of alcohol concentration of about 0.268% while under the influence of alcohol without obtaining a driver’s license from the front side of the Yongsan-si cafeteria, located in Kimcheon-si, Kimcheon-si, to about 3km-si 4-31, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Inquiry into the details of alcohol appraisal and the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (reports on the same criminal records and attachment of the suspect);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on the order to provide community service and attend lectures has already been sentenced to fines for the same kind of crime, and the present blood alcohol concentration was considerably high.

In addition, the instant case was also an accident in which the blood alcohol concentration was very high and the new shares were cut off from the roadway as well as the roadway.

Considering the above circumstances, the defendant should be punished strictly, but the defendant exceeds the fine.