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 March 23, 2007, the Defendant was issued a summary order of KRW 2.5 million for a violation of road traffic law at the Suwon District Court on the grounds of a violation of road traffic law (drinking), and a summary order of KRW 2 million for the same crime at the same court on December 8, 2011, respectively.

[2] Although Defendant 1 had been punished for driving under drinking more than twice as above, Defendant 2 driven a BS-type car under the influence of alcohol for about 0.098% of alcohol content while under the influence of alcohol without obtaining a driver’s license in the section of approximately 500 meters from the direction of the aftermath of the Gyeong-dong in the same city of Sinsan-si, as long as he was in the Gunsan-dong around December 28, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, report on the situation of the driver's license, 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 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. The reasons for sentencing under Article 62-2 of the Criminal Act, such as the protection observation and attendance order, even though there are many criminal records for the defendant, there are no criminal records exceeding the fine, the defendant repents his/her wrong facts, and other circumstances shown in the records, such as the age, sex, family environment, etc. of the defendant, shall be determined as ordered by the disposition;

It is so decided as per Disposition for the above reasons.