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.

Criminal facts

On November 26, 2007, the Defendant issued a summary order of KRW 2 million to a fine of KRW 3.5 million to a violation of the Road Traffic Act (driving), a fine of KRW 3.5 million to a fine of violating the Road Traffic Act at the Changwon District Court on November 3, 2008, and a summary order of KRW 5 million to a fine of KRW 3.5 million to a violation of the Road Traffic Act at the Changwon District Court on October 27, 2014, respectively.

On February 24, 2017, the Defendant, while under the influence of alcohol at around 03:50, driven a 100-meter B Ap-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake is deeply divided and reflected in his/her depth; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; and (c) circumstances favorable to the Defendant.

On the other hand, the defendant has been punished for drinking or driving without a license even before, and is disadvantageous to the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, etc., were determined in the same sentence as the disposition.